Study On Legal Personal Information Protection Concerning Cross-border Data Transfer

With the rapid development of new generation information technologies such as the Internet,big data,and artificial intelligence,cross-border transfer of data has become a major trend in economic globalization and one of the internal driving forces of globalization.However,due to the existence of different jurisdictions,data can not be subject to the jurisdiction and supervision of the country where the information subject is located after cross-border transfer.Therefore,the cross-border transfer of data will bring risks to the protection of personal information and the supervision of the country where the information subject is located.Some countries and countries have conducted legislative and practical attempts to regulate the cross-border transfer of data.Through the research on the protection of personal information in the cross-border transfer of data in China,the current problems include: the protection of personal information in the current cross-border transfer of data in China tends to be multi-disciplinary legislation,which may cause duplication of personal information protection legislation.,contradictions,or omission of the consequences of a certain field;the relevant provisions of the "Network Security Law" is too broad,network operators in practice do not know how to understand the application of relevant provisions.The security assessment based on the data local storage and the information subject agree that the two protection modes need to be clarified.The problem of personal information protection caused by related subjects in data cross-border transfer includes the abuse of the consent of the information subject;the cross-border transfer of data by the network operator and the legal responsibility have not been refined;the excessive supervision and law enforcement departments may lead to the position Cross problem.China still has a lot of room for coordination and negotiation on international cooperation in the protection of personal information in cross-border data transfer.In order to solve the above problems,this paper conducts comparative law research on the EU and the United States,and perfects and envisages the protection of personal information in China from the perspective of cross-border data transfer.This includes the introduction of the "Personal Information Protection Law" and specifies cross-border data transfer;before the introduction of the "Personal Information Protection Law",the protection measures for the cross-border transfer of data in response to the "Network Security Law" are detailed,and the key provisions are refined.Security assessment processes and methods for information infrastructure operators and non-critical information infrastructure operators,and processes and methods for simplified security assessments for non-critical information infrastructure operators.It is clear that today's data local storage is based on the security assessment and the information subject agrees to the two protection modes,and attempts to provide standard contract terms and binding company rules for network operators of non-critical information infrastructure.Guide enterprise industry self-discipline to promote personal information protection,respect the right of consent of information subjects;refine the requirements and legal responsibilities of network operators for cross-border data transfer;establish a separate data cross-border transfer supervision department to supervise and enforce data transfer.Actively participate in the international coordination and cooperation of personal information protection for cross-border data transfer.