Research On Security Assessment Of The Cross-border Data Transfer

The globalization of commercial activity and the rapid development of information technology have made cross-border data transfer irreversible and inevitable.In order to govern cross-border data transfer and avoid potential risks to national security and personal privacy caused by it,China has developed the Cybersecurity Law and other regulations,and the security assessment of the cross-border data transfer has been initially constructed.However,the assessment system places too much emphasis on national security so that it cannot fully respond to multiple needs.To avoid the economic dynamism stimulated by over-regulation to suppress data flow,it is necessary to jump out of the traditional thinking in positive law,weigh the various values of cross-border data transfer,and distinguish outbound plans that deal with different kinds of data.So that we can weaken the security assessment,guide corporate self-discipline and strengthen international cooperation at the same time.This article is divided into six parts as follows:The first part is the preamble which clarifies the origin and research value of security assessment of the cross-border data transfer,illustrates the research background of domestic legislation.The structure of this paper is also mentioned in this part.The second part reviews the problems on security assessment of the cross-border data transfer.According to the Cybersecurity Law,the Measures for Security Assessment of Cross-border Transfer of Data(Draft for Comments)issued by the Network Information Office and other relevant regulatory documents,this part will sort out the core contents like object,scope,procedures and criteria of the security assessment system.The third part analyzes the problems existing in China's security assessment of the cross-border data transfer.At first,it analyzes the legislative authority of the Assessment Measures and Assessment Guidelines according to the National Security Law and Cybersecurity Law.Then,it discusses whether China's security assessment of the cross-border data transfer conforms to the principle of Proportionality,and the adequacy,necessity,balance between measures and goals;Finally,it refers to the legislative measures adopted by some foreign countries and international laws for different types of data,to illustrate fierce disagreements over the security assessment system,for China put personal information and important data into one system.The fourth part introduces the regulatory models of the European Union and the United States on international data flows.They have long legislative practices in cross-border data transfer.The European Union creates the dual regulatory system of the industry code of conduct and mandatory law.And its dual management system of data controller and government has achieved good results,too.The United States combines the self-discipline model with the regional agreement.It is conducive to promoting the free flow of data on a global scale and maximizing the commercial value of data.However,the issue of privacy leakage caused by it also deserves attention.The fifth part are advices on China's security assessment of the cross-border data transfer.The basis of protection on personal information is complete and effective domestic legislation.In order to balance the multiple values of the cross-border data transfer,China should speed up the legislative process of personal information protection,adjust the security assessment system by distinguishing data types,seek international cooperation and guide the self-discipline of enterprise.The last part summarizes the core point of the text,and puts forward the vision of the cross-border data transfer governance.