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Research On The International Regulation Of Cross-border Data Flows

Posted on:2021-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:H J YeFull Text:PDF
GTID:2416330611461870Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As the cross-border data flows becomes more and more important to the development of global economy,the research on international regulation of cross-border data flows has gradually become the focus of countries / regions.From a global perspective,there is currently no uniform international rule for cross-border data flows at the global level.In the international community,the regulation of cross-border data flows has formed three templates based on the European Union,the United States and Russia,and other countries and regions use them as reference standards.Since the development of the domestic information technology industry in the United States relies heavily on the cross-border data flows,it tends to implement loose rules for the free flow of cross-border data and seeks a leadership position in formulating international rules for global cross-border data flows.From the perspective of protecting individual’s right to privacy,the EU promotes strict cross-border data flows rules.Russia has set strict data localization rules based on the concept of data sovereignty.However,due to the large differences in the rules of various countries,and the existence of different degrees of drawbacks,the regulatory conflicts between different jurisdictions have become increasingly severe,and the particularity of cross-border data flows itself makes it difficult to balance its own.Related issues such as privacy protection,economic interests,and national security.Existing rules also cannot address the above issues,and the international rules for cross-border data flows also face three challenges at the conceptual,technical and institutional levels.Therefore,in order to give full play to the value of cross-border data flows and coordinate the rules of cross-border data flows between different countries,this article attempts to start from the perspective of WTO and think deeply about the three challenges facing it,in order to be able to propose to improve cross-border data Recommendations for mobile international regulation.First of all,clarify the relevantconcepts and characteristics of cross-border data flows,so as to explain the theoretical basis for regulating it.Secondly,the system sorted out and evaluated the current cross-border data flows rules of the US,EU and Russia.Immediately afterwards,a comprehensive analysis of the current triple challenges of concepts,technologies and mechanisms of international rules for cross-border data flows.Finally,on the basis of the above analysis,consider the value orientation of perfecting cross-border data flows rules.It is concluded that WTO should be used as the international supervision platform for global cross-border data flows,and based on the existing WTO rules framework,the top-level design of international rules for cross-border data flows should be improved.At the same time,the corresponding challenges of concept,technology and mechanism should be improved accordingly.Finally,it analyzes the current situation and existing problems of my country’s cross-border data flows rules,and puts forward corresponding suggestions for improvement from the domestic and international levels to promote the establishment of an open and inclusive set of international rules for cross-border data flows.
Keywords/Search Tags:Cross-border data flows, Data localization, Data sovereignty, Digital divide, WTO
PDF Full Text Request
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