Deficiency And Perfection Of China's Data Cross-border Flow Rules

The concept of "Transborder Data Flow " by the OECD is proposed for the first time in 1980.In recent years,digital economy gets rapid development,the data processing business is gradually mature,a lot of social platform in the form of Internet transnational corporations,search engine,e-commerce is becoming increasingly popular,these increase the demand for data across the border.The development of global digital trade is inseparable from the cross-border flow of data,but different from the traditional trade in goods,is regarded as the "core resources" in era of big data,and "data" are closely related to national security,personal data security and other social value,the state have a certain right of control these data.Therefore,the cross-border flow of data rules should achieve the balance between trade development and digital data security.On the premise of national and personal data security,do not interfere with the flow of data to create a more relaxed legal environment for the development of digital trade.This paper focuses on the rules of data cross-border flow,and discusses the following four aspects.The first chapter introduces China's data cross-border flow rules.China has established a cross border flow rule which combines data localization and data outbound security assessment,and carries out special protection on the cross-border flow of personal information.This chapter discusses the three rules from the legislative and there specific contents.The second chapter analyzes the shortcomings of China's data cross-border flowrules.China's data localization legislation does not define the key information infrastructure operators clearly and has a high localization rule.The evaluation of China's cross-data rules is more difficult for the enterprise,the type of evaluation process is relatively simple,and the main body of the regulatory agency is scattered,and the evaluation responsibility is not clearly defined.The definition and classification of information cross-data rules have unreasonable factors,the rule is insufficient for the protection of non sensitive personal information,the attention obligation of the information controller is too strict,and the quantity standard in the exit assessment key points is unscientific.The third chapter analyzes the international experience of cross-border flow rules.In the field of data localization legislation,various countries adopt different intensity of data localization measures and some countries oppose the demanding localization.In the aspect of the assessment rules,some countries adopt a variety of ways to carry out security evaluation,and the third party organizations play a great role in assessment the level of data protection.Most of the countries are evaluated by special data protection agencies;some international organizations regulate commercial data as a separate category;and some countries exclude the legal validity of "implied consent".The third chapter puts forward some suggestions on the deficiencies of China's data cross-border flow rules.The localization part of the data should clearly define the subject,and reduce the severity of the localization rules.The assessment rules could define the starting situation of different evaluation methods,enriches the evaluation process,and reduces the difficulty of assessment by introducing the third party evaluation mechanism,increasing the unified evaluation situation and making clear the responsibility of the evaluation institution.The protection of personal information should refine the definition and classification of personal informtion,strengthen the protection of non sensitive personal information,lighten the duty of information controllers,and refine the "quantity" standard of personal information.