The Regulation Of Transborder Flow Of Personal Data

With the development of global economic integration and digital technology,the role of data has become important.The transborder flow of personal data has become a crucial way for global trade growth.Transborder flow of personal data is also facing challenges while promoting the digital economy.On the one hand,the transborder flow of personal data means that data can be transferred to any other country or international organization via the Internet,thus leaving the country’s regulation.Individuals as data subjects and vulnerable parties in business technology operations,their privacy faces the risk of being violated.On the other hand,countries impose excessive restrictions on the transborder flow of personal data on the grounds of protecting the privacy,which will hinder the development of normal international trade and the operation of multinational companies.In the study of regulation of transborder flow of personal data,the protection of personal privacy and the promotion of free flow of personal data are a pair of important issues that need to be balanced.This paper focuses on these two aspects and discusses how to establish regulation of transborder flow of personal data in four chapters.The first chapter introduces the definition and classification of personal data,as well as the historical development of transborder flow of personal data.In the regulation of transborder flow of personal data,personal privacy and the free flow of personal data are a pair of important issues that need to be balanced.The second chapter introduces a pair of important issues in the design of regulation system for transborder flow of personal data.The relationship between the two is the unity of opposites.The privacy protection of transborder flow of personal data restricts the free flow of personal data across borders,while the free flow of cross-border is the purpose of privacy protection.The protection of privacy should open up more space for flow of personal data.The third chapter firstly introduces the geographically-based regulation model represented by the EU.Through the evaluation of the EU’s adequate as a general principle and its exceptions,it reveals that the EU is more focused on protecting privacy of personal data.Secondly,it introduces the organization-based regulation model.Through the introduction and evaluation of the APEC institutional structure,it reveals that this model is more inclined to the promotion of free flow of personal data.Finally,through the comparative analysis of these two models,it seeks to draw lessons for the design of China’s regulatory system.The fourth chapter is an analysis of the current system of transborder flows of personal data in China,and puts forward suggestions for improvement.How to build a transborder flows regulation of personal data in China in the future should properly learn from the model of foreign personal data as soon as possible,but it should not be overcorrected.China should further improve personal data classification,clear data localization obligations and rich security assessment methods,so that China’s privacy protection provides more space for the free flow of personal data across borders.