Research On Legal Problems Of Privacy Protection In Cross-border Data Flows

Since entering the information age,e-commerce and multinational companies have flourished,and at the same time,they have also created the need for cross-border transmission of personal data.In view of the fact that the protection of personal data in various countries is accompanied by the development of the computer revolution,the computer has only been produced for more than half a century.Therefore,as a whole,there is still a lot of space for the protection of personal data.In recent years,personal data have been leaked and misused in the cross-border of data.In addition to the potential threats to citizens' property security,the disclosure and abuse of certain of these information involve the infringement of citizens' right to privacy.The impact of the invasion of privacy is often enormous.For example,in 2015,leakage of privacy data from Ashely Madison's website,which has users in 25 countries around the world,not only triggered a series of criminal acts such as extortion,but also caused two foreign users to commit suicide because of shame.Coincidentally,in 2018,50 million users of Facebook's information leaked,and the analysis company not only took a private analysis of the user's preferences and behavioral tendencies,but also was more likely to intervene in the US election.Countries around the world are not unaware of the security of cross-border data,especially private data.In fact,as early as the 1970 s,there were countries that regulated the cross-border flow of data.However,as of now,the protection of privacy in cross-border data has not yet formed a complete system at the international level.The reasons are as follows.First,theprotection scope of privacy rights has been continuously expanded in the information-based society.There are differences in the definition of privacy rights among countries;second,national data privacy legislation aims to protect the privacy rights and data security of their citizens.This has led to international conflicts in the privacy protection legislation.So,how to solve the conflict of privacy protection rights and how to improve the protection of privacy rights in cross-border data in China is the focus of this article.For now,worldwide protection of the right to privacy in cross-border data forms two models that are typical of the European Union and the United States.The EU has adopted uniform legislation while the United States has focused on decentralizing legislation and industry self-regulation.As an Internet power,China's protection of data privacy across borders and the construction of China's data privacy protection dominance in the international community also needs to be based on a review of the EU and the United States' protection model.Based on this problem,this article is divided into four parts:The first chapter is an overview of the privacy rights in cross-border data flows.First of all,this article begins with the definition of privacy rights,and introduces the traditional definition of privacy rights and the definition of privacy rights in the context of cross-border data flow.Secondly,based on the analysis of the protection of privacy rights in data cross-border flows,the author put forward his own opinions.The second chapter mainly analyzes the system of privacy protection in cross-border flows of EU data.This chapter is divided into three sections.The first section mainly reviewed the history of the development of EU data privacy protection,which enabled us to have a macroscopic understanding of EU data privacy protection policies.The second section mainly introduces the specific privacy protection rules in cross-border transmission of EU data.The third section focuses on the introduction of the forthcoming "Regulations for the Protection of Universal Data" and analyzes new breakthroughs in the new regulations.The third chapter mainly introduces the privacy protection system in the cross-border flow of American data.In the first section,the history of the protectionof the privacy of the United States was sorted out,and summed up the completely different protection model between the United States and the EU.In the second section,we reviewed the rules for the protection of privacy in cross-border data in the United States.In the third section,this paper selects the most representative Microsoft data privacy protection case for privacy protection in American data transmission and analyzes the problems in the practice of privacy protection in the United States through case studies.The fourth chapter mainly introduces the protection of privacy in cross-border data in China,and puts forward its own suggestions on the improvement and improvement of this aspect in China.The content of privacy has been continuously enriched with the development of the information age,and its attributes have also extended to the property side.In order to adapt to the changes brought about by the rise of multinational corporations and cross-border e-commerce,China should strengthen the protection of cross-border flows of data,especially the part involving privacy rights,in order to respond to ongoing cross-border privacy violations,and Provide more secure environmental protection for the development of e-commerce and cross-border trade in China.