Legal Issues About Enterprise Cross-border Transfer Of Personal Information

The development of internet can make personal information transfer across border in real time and rapidly,the strengthen of globalization and international trade especially the development of e-commerce need the free movement of personal information.Such two elements dramatically increase the amount of personal information cross-border transfer.This increase cross-border information transfer benefits the growth of economy,at the same time,elevates the risks about privacy,information security and national security.Recognizing that,countries have adopted the personal information protection law to regulate the conducts of personal information cross-border transfer.However,the Chinese legislation of this field is still in the initial stage,we lack uniform national legislation and international cooperation.Based on those facts,this article intends to discuss the relevant legal issues about enterprise cross-border transfer personal information.This article has four chapters as follows:The first chapter is the basic overview of the cross-border transfer of personal data.Firstly,it clarifies the relevant concept of personal information and cross-border transfer,focusing on the distinction of personal information and personal privacy and the types of cross-border transfer aimed to describe the reasons to discuss the enterprise cross-border transfer of personal information.Secondly,it analyzes the necessity of regulating the trans-border transfer of personal information from the positive and negative aspects.It analyzes its significant and importance from the aspects of personal information security and privacy,the development of enterprise and international trade,and the national data security and sovereignty and the dilemma of cross-border transfer of personal information from two aspects,the actual situation of the transfer of personal information and the current situation of legislation.The second chapter is the legal basis and principle of cross-border transfer of personal information,which is mainly to analyze personal information cross-border transfer from the theoretical aspects.According to the introduction and analysis of the legal basis of personal information protection in the United States and Germany,combined with Chinese legal tradition,the constitutional basis of personal information protection is human dignity and freedom and the basis of civil law is the general personality.There are conflicts in this field between Individuals,enterprises and national interests and different protection decision determines the different principles f transfer.There are such three principles as free transfer,strict restriction and free transfer and reasonable limit from a global perspective,the final principle is more suitable for our country based on the balance of interests.The third chapter is the analysis of typical problems of enterprise cross-border transfer of personal information.This chapter mainly points out the three problems existing in our country,and through the comparative research and analysis,to provide reference for China's personal information trans-border transfer legislation.Specifically,at first,the way of cross-border transfer is unreasonable which mainly introduce the provision of the EU,the USA and Japan.Secondly,it lacks the international cooperation both in the settlement of legal conflicts and cross-border enforcement which mainly introduce the bilateral and multilateral cooperation mechanism of the EU-US,APEC and OECD.Thirdly,the civil relief mechanism of information subject is not perfect,for this point the article mainly introduce the relevant provisions of EU and EU-US Privacy Shield.The fourth chapter is the suggestion to improve the Chinese enterprises cross-border transfer of personal information,the chapter is to solve the problems described in the third chapter and put forward suggestions combined with Chinese legislative tradition and the actual situation and the relevant foreign provisions.The first suggestion is to change the ways of cross-border transfer referring to the GDPR which includes appropriate safeguards by enterprise and industry self-discipline,supplemented by national adequacy assessment,and information subject consent as an exception.The second suggestion is to strengthen international cooperation from the international and domestic aspects by promoting the personal information protection legislation and seeking international cooperation.The third is to improve the civil right relief mechanism by taking the presumption of fault and inversion of burden of proof and focusing on the responsibility of information output enterprises.Personal information cross-border transfer is only a part of the protection of personal information,personal information cross-border transfer must be accompanied by the information collection,storage,processing,deletion and so on.To improve the cross-border transfer of personal information system,we should first improve the system of personal information protection and then strengthen international cooperation.