Legal Regulation On Cross-border Transmission Of Personal Data

With the rapid development of the new generation of information technology,data has become the key production factor driving the development of economic and social innovation.Personal data contains enormous potential value,and even affect the national sovereignty,security and network,many countries in the world for their own interests considerations apply different methods to limit the cross-border transfer of personal data,and actively promote the personal data protection legislation,but the legislation has not form a unified standard,this leads to cross-border transfers of personal data will be hindered,which will limit the economic benefit.In order to balance the contradiction between the protection of personal data and the cross-border transmission of personal data,countries have actively negotiated and issued a series of legal documents.Currently,there are three main modes of cross-border transmission of personal data in the world.One is the mode of full protection recognition.Compared with directive 95,eu general data protection regulations stipulate standard contract terms and binding company rules,which increases the application scope of the principle of full protection and makes it more flexible in application,and solves the problem that only a few countries can comply with the principle of full protection of the eu.The second is the data localization mode,that is,a government requires that the storage and processing activities of personal data collected in its own country must be carried out in the domestic database(such as Russia).While data localization measures offer some measure of privacy,in some cases they can backfire and create trade barriers.Third,bilateral agreement mode,namely bilateral or multilateral agreements signed between countries on the cross-border transmission of personal data(such as the us-eu safe harbor agreement);This paper discusses the cross-border transmission of personal data between the United States and the European Union from the "safe harbor agreement" to the "privacy shield agreement",and analyzes the progress and shortcomings of the "privacy shield agreement".These three modes of regulation have their own advantages and disadvantages,which are worthy of our country's further study and reference in terms of system design and practical experience.Personal data cross-border transport regulation in China started late,has not yet formed perfect system,the network security law of the People's Republic of China before our country on the provision of personal data cross-border transport and localization are mainly scattered in areas such as finance,transportation of departmental or guidance document,and the network safety "the promulgation and implementation of cross-border transport regulation to our country of personal data has the milestone significance,the network security law stipulated in article 37,collect key information infrastructure operators in our country and the personal information and important data should be stored in the outside is really necessary to provide,should carry out safety assessment.However,such data localization measures in China are too strict and still need to be improved.Therefore,it is necessary to learn relevant regulations outside China.Finally,this article from the concrete problem facing the Beijing Olympics,cross-border transport regulation for Chinese and foreign personal data between the applicable law of conflict put forward concrete strategies to cope with the situation,and by reference to the international rules and regulations of the advantages,think our country should make safety assessment standards,set up data protection agencies,in search of personal data protection and the best balance between the cross-border transmission of data.