The Comparison And Reference On Extraterritorial Legislation Of Cross-border Flows Of Personal Data

The rapid development of global economy and international trade have brought a large scale of cross-border flows of personal data,and the flows of personal data is no longer limited to domestic.However,with the application and development of new information technology,such as cloud computing,big data and the internet.People's privacy,business secrets and national security are facing a huge threat in the process of cross-border flows of personal data.Therefore,the legal protection of the cross-border flows of personal data has become an important issue in the legislation of data and information.On the one hand,legislation on the cross-border flows of personal data helps to improve the security of personal data in transnational economic exchanges.On the other hand,the level of legislation of cross-border flows of personal data directly determines the choice of employers in transnational trade,and high quality personal data cross-border flows legislation can effectively improve the competitiveness of multinational enterprises.But in the process of legislation,China faces many problems,such as the lack of a personal data protection legislation,the existing related personal data on the legal level is not high,the lack of exploitativeness and international cooperation.At present,the European countries,the United States and the APEC have selected three different legislative ways for the cross-border flows of personal data.Through making requirements to the data subject,the data controller and the regulatory authorities,a series of legislative practices have been carried out on the cross-border flows of personal data.These practices provide reference for the legislation of our country.To solve the above problems,the author illustrates the following three aspects:In the first chapter,on the basis of the concept of personal data,the personal data and privacy are distinguished.Besides,the commercial value and property attribute of personal data in the process of cross-border flows of personal data are clarified.In addition,the concept of cross-border flows of personal data is defined,and the background of the legislation of personal data cross-border flows is analyzed.At the same time,the legislative value of the cross-border flows of personal data is elaborated.The second chapter introduces the main legislative practices of cross-border flows of personal data represented by European countries,the United States and APEC.This paper explores that the European countries improve the legislative protection in the premise of the "Adequate Protection",based on the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data,the General Data Protection Regulation,etc.Besides,the paper explains under the legislative spirit of advocating the free flows of personal data,why the United States had compromised with the European Union,signing the Safe Harbor and the EU-US Privacy Shield.In addition,nine legal principles of CBPRs which is established by APEC were analyzed.Finally,comparative analyses of three different legislative practices are conducted.By comparing the similarities and differences of the three legislative ways,the advantages and shortcomings of three legislations are analyzed,and there are two problems in the extraterritorial legislation of cross-border flows of personal data.In the third chapter,at first,the legal provisions of personal data protection and related data protection policies in China are analyzed,reflecting the current status and legislative level of the cross-border flows of personal data in China.Then the enlightenments of three legislative models are expounded,combining the legislative status quo of Chinese cross-border flows of personal data and the practice of extraterritorial legislation.