On The Legal System Of Security Review Of Cross-border Financial Data Flow

Security review of cross-border financial data flow is one of the means of financial data cross-border flow supervision.China's security review of cross-border financial data flow legal system should mainly include subject,object and content of security review of cross-border financial data flow as well as security review of re-cross border financial data flow.As for the subject of security review of cross-border financial data flow,although the Technical Specifications for the Protection of Personal Financial Data introduces the security review system of cross-border financial data flow,there is no legal basis for the People's Bank of China to carry out security review of cross-border financial data flow in accordance with the Administrative Permission Law.As for the object of security review of cross-border financial data flow,in accord with the "business required,overseas affiliates and authorized" rules,in conformity with the provisions of laws,regulations and regulatory authorities,and not forbidden by the laws,regulations and national standards as well as Cyberspace Administration of China,Ministry of Public Security,Security Department,the personal financial data listed in the Technical Specifications for the Protection of Personal Financial data shall be the object of security review of cross-border financial data flow.As for the content of security review of cross-border financial data flow,security review of cross-border financial data flow attributes should include review the sensitivity and number of personal sensitive data as well as desensitization treatment situation,identify important data and review the control ability of important data,security review of cross-border important financial data flow should focus on the legal power of the recipient governments of obtaining important data.As for security review of re-cross border financial data flow,this thesis put forward that security review of re-cross border financial data flow clearly stipulated in the security review of cross-border financial data flow system,and review whether the contract for the cross-border flow of personal financial data contains standard contract terms during security review of re-cross border financial data flow.