Legal Analysis Of Cross-border Data Flow Regulation And System Design

Cross-border data flow has been a topic which aroused the attention across all countries in the era of data economy.It not only affects the development of data economy,but also a challenge in terms of personal information security,corporation information security,social order and even national security.At present,especially due to the outbreak of the"Prism Gate"incident in 2013,each country has strengthened the supervision of cross-border data flow of their own data,and China is no exception.Article 37 of the Cybersecurity Law of the People's Republic of China stipulated cross-border data flow originally.However,since the publication of the draft of the law,the scope of application and the strictness of this article have been under controversy.In addition,the follow-up supporting regulations and policy documents have not been implemented in time,which made it difficult for China's regulation rules of cross-border data flow to be truly carried out.Meanwhile,it has been under heavy criticism at home and abroad.At the same time,with the development of cross-border e-commerce in China and continuous growth of multinational corporations,the demand for cross-border data flow with other countries or regions has soared.However,China's rule system cannot be recognized by the partners,which directly affects China's economic development.Thereby,with regard to the problems of whether cross-border data flow needs to be speculated or not,and if necessary,how to perfect China's cross-border data flow regulation rules and obtain international recognition,and how to balance the relationship among China's national security,personal information security and economic development,they should be resolved urgently.This paper intends to demonstrate the rationality of cross-border data flow regulation and balance the relationship between security and development from the perspective of theoretical basis for data regulation of cross-border flows.Specifically,it clarifies the research object at first through the definition of the basic connotation,and then it comes to the current dilemma of cross-border data flow regulation.On this basis,the legitimacy of cross-border data flow is analyzed from the perspective of legal principle.And finally institutional design is proposed in terms of data classification,regulatory body,regulatory modes,specific measures,and principles that should be followed.