Legal Regulations Of Trans-border Data Flow

With the advent of the information era,data flow has penetrated into every corner of personal life and social management.The rapid development of information technology has facilitated the trans-border flow of data,greatly increasing the management,service and commercial value of data.However,it also gives the convenience for enterprises and other countries' intelligence agencies to compare and analyze the personal data.It will bring potential threats and even real damage to the interests and security of individuals and nations.Therefore,countries have established the legal regulations of trans-border data flow based on the goal to promote the development of the Internet industry and protect the data security of citizens and the state.Trans-border data protection has naturally become an essential part of the legal regulation in the information society,and trans-border data protection legislation has become an unstoppable international trend.This article comprehensively sorts out the data protection regulations at home and abroad,including the General Data Protection Regulations implemented by the European Union in 2018 and the Measures for Data Security Management(Draft for Comments)implemented in China in 2019.This article focus on the conflict between the protection of the basic rights of data subjects and the free flow of data.Meanwhile,by sorting out the conflicts of value orientation of national laws on data protection,the necessity and feasibility of international cooperation in data protection are brought forward.Then attempt to provide suggestions for constructing China's trans-border data flow regulation system.The first chapter is an overview of the legal regulation of trans-border data flows.Based on the definition of personal data and trans-border personal data,this chapter explores the personality and property attributes of trans-border data flow,and summarize the trans-border data flow legislation of typical countries and typical international organizations.The second chapter analyzes the conflict and balance of the objectives of domestic regulation of trans-border data flow.This chapter summarizes the three major objectives of trans-border data flow regulation,and analyze the legal value conflicts of legal regulations of trans-border data flows in different countries from theoretical and practical perspectives.Then emphasize the importance of balancing conflict and analyze how to use the proportional principle to balance the conflict between data subject data security and free flow of data.The third chapter summarizes the international cooperation mechanism for trans-border data flow.This chapter will mainly analyze the bilateral cooperatio n and the international soft law and international treaty in multilateral cooperati on of the legal regulations of trans-border data flow.In the international bilater al cooperation mechanism of trans-border data flow,the author analyzes the ori gin,normative content and normative significance of the safe harbor model and contract model.In the multilateral cooperation mechanism,the author sorts out the system and significance of the relevant international soft regulatory system,and try to evaluate the binding norms of GATS provisions to restrict trans-bor-der data flow measures.The fourth chapter is the status quo,problems and improvement suggestions of China's trans-border data flow legal regulation.Based on the analysis of the status quo of China's trans-border data flow legal regulation,this chapter analyzes the problems existing in China's current regulatory system.On this basis,considering the importance of data flow to economic development,social management and national security,Based on China's national conditions,and drawing on the legislation and experience of trans-border data protection outside the territory,it provides suggestions for building an effective trans-border data flow legal system in China.