Legislation On The Cross-border Transmission Of Personal Data In The EU And Its Enlightenments To China

In recent years,with the deepening of global economic integration and the development of information and communication technology,business contacts in the world are becoming increasingly close,especially the flourishing development of the Internet,which makes the cross-regional flow of information more and more active in addition to the cross-border circulation of commodities.More and more social life network applications and platforms like QQ,WeChat,micro-blog and Taobao make the exchange of information between networks very frequent.However,in the background of such a kind of information exchange and opening up,personal information leakage events occur frequently,and the information security of users has been greatly challenged.Especially China is such a big country with a large population,the number of Internet users are also considerable.Active users will send their information through the Internet,and they always face the risk that personal information will be improperly exposed,which requires our legislators to make laws to protect the security of personal information of citizens.The China' s "Cyber Security Law" has been implemented in June this year,but before this,the protection of personal information China faced a long blank period,and even now "Cyber Security Law" cannot take the full responsibility to protect information security of citizens.The protection of personal data across the border reflects the protection of individual freedom.There is no doubt that network communication is the individual freedom,and freedom is innate,not specifically granted by law.For individuals,freedom of communication is absolute,because you can say and convey anything as you wish.But in the process of data transmission,the expression of citizens' personal wishes may be distorted,or the expression channels of citizens may be blocked,as a result the freedom of communication of citizens is substantially violated.The British philosopher John Locke said,"the purpose of law is not to abolish or restrict freedom,but to protect and enlarge freedom." The protection of citizens' information transmission is to protect citizens'freedom of communication.Similarly,the protection of citizens' data cross-border transmission is to safeguard their citizens' freedom of communication worldwide.The importance of the protection of personal data across the border also reflects the protection of the right to privacy.The right to privacy is the basis of private law for the protection of personal information of Anglo-American Legal System.The essence of the protection of personal information is to protect the right to privacy and privacy of the individual.In 1890 the first mention of the right to privacy appeared in "The Right to Privacy" which was written by Warren and Brandis,and they summarized the right to privacy to“leaving sb alone”.After those two people,the related theory of the right to privacy had been raised.However,regardless of the differences in the theory of privacy,they all agree that the right to privacy belongs to the individual and that right is sacred and inviolable,and should be protected by law.Citizen's right to privacy is carried by personal information in data flow,including name,address and age,which is closely related to individuals.The illegal disclosure and illegal use of private information are essentially violations of personal privacy.Through the Internet platform,the geographical barrier has been broken and the data transmission will undoubtedly expand the field of personal privacy damage to the world.The legislative protection of cross border transmission of personal data is trying to narrow the potential of privacy infringement.China has entered the fortieth year of reform and opening.The degree of opening to the outside world has been deepening all the way,which means that the connection between citizens and foreign countries is further expanding.Therefore,it is urgent to solve the problem of cross-border protection of Chinese citizens' personal data.It can be said that China's legislation in this field is falling behind China's economic and social development.If we can't solve the legislation problem of cross-border transmission of personal data as soon as possible,our citizens' personal information will face double threats from homeland and abroad.So we serve EU as the role model because EU has considerable experience in legislation on cross-border flows of personal information,and we also learn from the data transmission protocol between EU and the United States,so as to accumulate experience for China's legislation of personal information cross-border transmission protection and to promote China's more perfect legislative practice in this field at an early date.This is divided into three chapters.The first chapter is about the laws that relating to the cross-border transmission of personal data in China,and the shortages we need to cover.The second chapter is about the protection of personal data cross-border transmission in EU,divided into four parts:the first part is about the general situation and legislative basis of European Union on personal data protection;the second part is the protection of personal data cross-border transmission in EU,including the "Data Protection Directive"and the "General Data Protection Regulation";the third part is about the protection protocols of data transmission between EU and America,including the "Safe Harbor" and the "Privacy Shield";the fourth part is the recognition between APEC and EU.It is mainly about the APEC Cross Border Privacy Rules System and Binding Corporate Rules in EU.The third chapter is the enlightenments that EU' s legislation of personal data cross-border transmission gives to China.Those enlightenments based on the choice of legislative mode and the establishment of safety assessment rules and etc..