Research On EU Legal Regime Of Transbroder Flows Of Personal Data

This article aims at the set of legal regime about transborder flows of personal data in EU. As the main EU legal document about transborder flows of personal data, Directive on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data(hereinafter referred to as the Directive) is the benchmark to worldwide protection of transborder flows of personal data, influencing significantly when other countries or areas legislating laws or other regulations about personal data protection. Under the circumstance of globalization of economics and globalization of information, legislation in transborder flows of personal data becomes an unavoidable topic of personal data protection and the development of e-commerce, since the transborder flows of personal data is more and more frequent. In specific, the main conflict is the restrictions on transborder flows of personal data in order to protect human rights and the less-restriction requirement of business development. The Directive provides a set of reasonable solution in this question. Based on above, this article does complete exploratory research on EU legal regime of transborder flows of personal data. Expect of the introduction, this article divides to below four parts.The first part is the general description of transborder flows of personal data. After defining and clarifying the related concepts, this part analyzes the risk and challenge that transborder flows of personal data is facing to nowadays, coming into conclusion that it is necessary to protect transborder flows of personal data and regulate about it.The second part is the legislation history of EU transborder flows of personal data. The author firstly introduces the single legislation trial in transborder flows in early time(before 1980). Then, the author introduces the first international covenant-Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data(hereinafter referred to as Convention 108) which is legislated by Council of EU. Finally, the author introduces the legislation and latest situation of the Directive, which is the mostly important legal document in the legal regime of EU transborder flows of personal data.The third part is the detailed analysis of protection of EU of transborder flows of personal data. The basis of this part is the Directive. Firstly, the author analyzes the specific content of the protection system, sums up the purpose and application scope of the Directive, rights of data related subjects and the power and responsibility of regulator, concludes the advantage of EU uniform legislation. Secondly, the author analyzes protection system of personal data flows from members of EU to the third country. In further, the author clarify the three methods for the third country to compliance the appropriate protection required by the Directive. The three methods are followings: related laws in the third country reach the level of appropriate protection; the articles of contract reach the level of appropriate protection; and regulations in corporation reach the level of appropriate protection. Based on above analysis, the author analyzes the value orientation and advantage of EU protection system using the different ways of internal and external.The forth part is the enlightenment to China coming from the EU legal regime of transborder flows of personal data. Firstly, the author introduces completely about current status of personal information protection in China in a comprehensive way, and points out the problem existing in legislation. Then the author analyzes that China can draw experience of the unified legislation of the Directive, and set up independent regulatory office. Finnally, the author concludes the future of adjusting related articles of the Directive into China legal. China should set up appropriate legal regime of transborder flows of personal data, and join into regional organization to enhance international cooperation.