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Comparison Of Laws And Regulations On Cross-Border Data Flow

Posted on:2021-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:J Q GuanFull Text:PDF
GTID:2416330605968251Subject:Constitution and Administrative Law
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In the era of big data,the cross-border flow of data that takes massive data generated from social behaviors,business processes,environmental conditions,and physical entities as the raw materials,and relies on cloud computing and data mining technologies all occurs.Taking Internet enterprise cross-border data transmission and national cross-border data monitoring as the main scenarios,the state,the private sector and natural persons each hold different interests and face multiple risk challenges in the cross-border flow of personal data.As the sociality and publicity of personal data continue to increase,the fundamental value of data is reflected through circulation,and the establishment of a legal regulatory mechanism for the cross-border flow of data has become a global issue in data governance.At present,the global legal model of cross-border flow of personal data has not yet been formed.The EU,the United States,and China have established their own unique models of cross-border data flow based on their respective digital markets and huge data flows.The regulatory focus of EU data cross-border flow has gradually shifted from focusing on data flow to unifying the internal market and protecting personal data,thereby forming a regulatory model centered on "full protection" and supplemented by appropriate safeguards;Relies on its political and economic influence in Asian-Pacific region,the United States has established an APEC cross-border privacy rule system centered on "industry self-discipline";China has adopted network security guarantees as the legislative entry point to construct data cross-border flow rules centered on "data security".At the Jurisprudence level of data cross-border regulation,influenced by the legislative tradition that emphasizes the protection of civil rights,the EU data cross-border flow rules are oriented to personal interests.The right to protect personal data has become an emerging basic right independent of the right to privacy,consolidating and continuing the EU tradition of protecting basic rights in data governance.In contrast,traditional privacy legislation in the United States tends to regulate government power,and data privacy in the private industry is loosely regulated by decentralized legislation;Based on the important position of the legal value of individual freedom in the US Constitution,American Data Governance policies have always been guided by market interests and liberalism.Different from the individualism advocated by Europe and the United States,China's nationalist legislative concept has shaped the legal tradition with the national and collective interests.The protection of individual rights is under the group interests of "integration of the family and the country" and is dominated by "security thinking".The protection of public interests is the basic value orientation of China's data governance.Under the influence of different legal traditions,the European Union,the United States,and China have established distinctive data cross-border regulatory systems.Focusing on enhancing the "rights protection" function of the data cross-border regulatory system,the EU has established a comprehensive data governance system under the guidance of the two goals of "data protection" and "data flow" to provide the implementation of data cross-border flow rules.The United States has made full use of its trade and technological advantages in the global market.On the one hand,it has developed and implemented data governance policies that guarantee the free flow of data,relying on its own leading trade policies;on the other hand,it has imposed strict regulations on key industries involving sensitive data to expand its data law enforcement authority in the field of national security.China formulates and implements a series of thematic legal norms centered on "data security",highlights the localization requirements of data cross-border,and implements strict responsibility for domestic network operators to implement key data supervision in data cross-borderThe subjects and interests involved in data cross-border legal regulation in the era of big data are characterized by diversification and multi-dimensions.The construction of future data cross-border rule systems must be guided by the principle of equalization of interests,based on the protection of the country's core interests.Consider the changing basic values of national security,public interest,and data privacy.Promoting coordinated cooperation and integrated development through transfer of non-core interests will be an inevitable trend of data cross-border regulation;data cross-border rules of countries and regions will also be driven by the development of the digital economy.The dual goals of data protection and free flow of data will be realized through standard coordination and interest exchange,and evolve towards a more enforceable direction.
Keywords/Search Tags:Cross-Border Data Flow, Personal Data, Legal Regulation, The Balance of interests
PDF Full Text Request
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