Analysis On Regulations Governing The Trans-border Flows Of Personal Data And Revelation

Trans-border flows of personal date are the vitality of the global economy,and also the important internal driving force to the process of globalization.However,since trans-border flows of personal date have gone beyond the boundary of "one country",involving two or more countries,which may lead to a conflict of data sovereignty between different sovereign states.The commercial value and property attributes of the personal data implied will lead to the conflicts of trans-border flows of personal date and personal privacy become more and more intensive.Many countries' law on personal data protection are also likely to qualitatively limit free trade,so it is very necessary to draft regulations governing trans-border flows of personal date.The author use analyzes of regulations governing the trans-border flows of personal data as the starting point,specifically interpreted the content of the following four aspects:The first chapter analyzes the necessity of the regulations governing the trans-border flows of personal data,mainly elaborates the conflict between the trans-border flows of personal data and the national data sovereignty,the conflict between trans-border flows of personal data and the privacy of the individual and the conflict between trans-border flows of personal data and the trade commitment.It is necessary to regulate the trans-border flows of personal data due to the contradictions and conflicts caused by trans-border flows of personal data.As for the choice of regulatory path,a number of factors need to be considered.The second chapter mainly analyzes the legal regulation.The essence and core of the legal regulation governing the trans-border flows of personal data is the balance of personal data protection and free circulation.The General Data Protection Regulations are the latest legislative practice for the EU's trans-border flows of personal data.The General Data Protection Regulation,on the basis of the Directive 95/46/EC,enriches the form of trans-border flows of personal data and increases the flexibility of trans-border flows of personal data,in order to better achieve the goals of trans-border flows of personal data.China's Internet Security Law also draws on the advanced experience of the EU system.In general,there are many advantages of the legal regulation of legal regulation governing the trans-border flows of personal data.However,with the lag of the law and the assessment of the adequacy of the third country,it can be found that there is a limit to the use of a single legal regulatory path and,if necessary,contract path and corporate self-discipline path can be combined.The third chapter mainly analyzes the contract path governing the trans-border flows of personal data.The contract of the trans-border flows of personal data is clearly different from the traditional contract in terms of the content and the validity of the contract.Taking the EU standard contract as an example,the use of EU standard contract for transferring cross-border personal data can save a lot of money and time.But on the one hand,The contract of the trans-border flows of personal data is difficult to break the relativity of the debt setting right for the data owner,on the other hand the qualifications of the contract subject to the use of the contract of the trans-border flows of personal data.The fourth chapter mainly analyzes the self-discipline path governing the trans-border flows of personal data.The EU's binding corporate rules and APEC's cross-border privacy rules reflect the use of corporate self-discipline paths in trans-border flows of personal data.However,the protection level of cross-border personal data is heavily dependent on the self-discipline of enterprises,on the other hand,the establishment of enterprise self-discipline rules is interfered by the data protection supervision institution.Therefore,there is a limitation using the single enterprise self-discipline path.In the fifth chapter,the author use the current situation of trans-border flows of personal data in China as the starting point,combines with the actual situation of trans-border flows of personal data in China,puts forward some concrete suggestions for the development of trans-border flows of personal data in line with China's national conditions.First of all,from the national point of view,there are no specific laws to regulate China's personal data protection and trans-border flows of personal data.Because it is necessary to develop specific personal information protection law in the field of personal data protection and trans-border flows of personal data,we can study the EU's regulation governing trans-border flows of personal data.Secondly,from an international point of view,China can use APEC as a breakthrough to use the BCPRs rules,strengthen international cooperation.Finally,from a business point of view,China can encourage enterprises to actively develop corporate self-discipline in order to better participate in international competition.