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Legal Issues Concerning Transborder Flows Of Personal Information

Posted on:2017-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:H K HuFull Text:PDF
GTID:2296330503459205Subject:International Law
Abstract/Summary:PDF Full Text Request
In information society, the development of Big Data encourages a lot of cross-border flows of personal information. The cross-border flows of personal information are essential for the cross-border e-commerce business and multinational operation of transnational companies. However, the cross-border flows of personal information mean personal information cannot be governed within the country where the relevant government authorities, and information subjects are difficult to obtain remedies. In addition, the different rules of countries limit free cross-border transfer of personal information. To solve the above two issues, the author illustrates the following four aspects:The first chapter is a basic overview of the cross-border flow of personal information, mainly on the difference between personal information and individual privacy, the property attribute developed from individual privacy, the concept of the cross-border flow of personal information and the balance value between personal information protection and free flows of personal information.The second chapter discusses the EU rules on the cross-border flow of personal information, including the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, the Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of such Data, and the General Data Protection Regulation. The main part of the second chapter is concerning the Directive of Data Protection, involving cross-border flows of personal information according to the "Adequate Protection" level of a third country, the Standard Contract Clause of the personal information transfer, Binding Corporate Rules, the U.S.-EU Safe Habor Framework, etc. Cross-border flows of personal information according to "Adequate protection" level of a third country does not play its major role in the EU data protection legal system. The Standard Contract Clause Model is regarded as the most common method for cross-border transfer of personal data. Binding Corporate Rules apply only to multinational companies’ personal information transfer within such companies. The U.S.-EU Safe Harbor Model is based on the U.S.-EU Safe Habor Framework, and most European countries criticize the implementation of such Model.The third chapter deals with international organizations’ cooperation of the cross-border flow of personal information, which focuses on the Cross-border Privacy Rules in the APEC system, and the comparison between the Binding Corporate Rules in EU and the Cross-border Privacy Rules. According to the comparison, the author believes that the Cross-border Privacy Rules is more advanced.The fourth chapter introduces the legal system of personal information protection and related data protection policies in China, and offers some recommendations concerning data protection legislation and international co-operation of the cross-border flows of personal information. The author believes that: first, China needs to establish the basis of a complete legal system to protect personal information; second, the Cross-border Privacy Rules in APEC can be regarded as a breakthrough for China to participate international co-operation of cross-border data transfer; third, China can encourage and guide Chinese cross-border e-commerce enterprises and multinational companies to establish personal information protection system within the companies.
Keywords/Search Tags:Personal Information Protection, Transborder Flows of Personal Data
PDF Full Text Request
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