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International Law Protection Of Cross-border Transmission Of Personal Information Under The Background Of Digital Trade

Posted on:2021-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:X ShengFull Text:PDF
GTID:2416330611460973Subject:Law
Abstract/Summary:PDF Full Text Request
The internationalization of digital trade has made the cross-border transmission of personal information more frequent,and the involvement of cross-border factors has also made the protection of personal information serious and intricate.The importance of protecting personal information transmitted across borders at the level of international law is self-evident.Metaphor.First,based on a review of related theories,the concepts of digital trade and cross-border transmission of personal information have been clearly defined.The basic principles of international protection of cross-border transmission of personal information have also been clarified.The protection and free flow of personal information must not be compromised.Secondly,it is necessary to protect the cross-border transmission of personal information at the level of international law.One is the frequent cross-border flow of personal information,which requires international law.Second,digital trade,as an emerging economic momentum,is strengthening the global economic vitality.At the same time,it also poses a threat to the security of personal information,and the need for international law protection of personal information is evident.Thirdly,from the analysis of the protection of international law on the cross-border transmission of digital trade personal information from the three aspects of bilateral norms,regional norms and global guidelines,it can be seen that in the bilateral norms,the European and American bilateral privacy agreements reflect a higher level of personal information protection In the regional norms,the relevant norms formulated by the European Union andAPEC have given full play to their geographical advantages and formed a joint force in the region to effectively regulate the cross-border transmission of information;in the global guidelines,the personal information protection formulated by the WTO and the UN The guide is the most representative,providing a framework and model for domestic legislation in various countries.There are many shortcomings in the existing international protection methods of personal information,and the scope of application of bilateral agreements is too narrow.The process of negotiation and negotiation with different countries one by one is more complicated,and the existing bilateral protection methods are relatively single;the influence of regional norms Limited,it is difficult to meet the challenges brought about by the globalization of digital trade;global guidelines only stay at the level of principles and frameworks,and the lack of universal conventions on the protection of personal information has greatly reduced the practical effect of these principles.Then,we propose a comprehensive path for the purpose.There are four paths:strengthening the basic principles of international protection of personal information,exploring diversified bilateral data cross-border protection methods,giving play to the role of regional cross-border privacy rule systems,and promoting global personal information protection.The formation of a convention.Finally,returning to the domestic level,the current international cooperation on personal information protection in China is insufficient,and the personal information protection laws and regulations are incomplete.Actively participating in international cooperation in the protectionof cross-border transmission of personal information,effectively drawing on international experience in the management of cross-border protection of personal information,and vigorously improving the legal provisions for the protection of cross-border transmission of personal information should be the meaning of the title.
Keywords/Search Tags:Digital Trade, Personal Information, Cross-border Transmission, International Law
PDF Full Text Request
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