Legal Protection On Cross-Border Personal Information

With the rapid development of global economy digitalization,the flow of personal information across borders is becoming more and more frequent.The issues of economic interests and information security,subject privacy,national security and so on,which are carried by the cross-border flow of personal information,are constantly highlighted.Throughout the world,more and more countries are paying more and more attention to the security and protection of the cross-border flow of personal information,and more and more countries are paying attention to the legislative and regulatory protection of the cross-border flow of personal information.However,due to different value pursuits,the United States promotes the value of "data liberalization" to pursue the development of the digital economy industry,and the EU strengthens "data localization" to emphasize the protection of the rights of information subjects.There are opposing interests in the two values,and so the rules under which the two values are guided differ.Under the influence of various complex interests,it is difficult for countries around the world to reach a consensus on the rules governing the cross-border flow of personal information in a short period of time.Therefore,how to achieve a balance between security and development,strengthen coordination and cooperation among countries,seek common ground while accommodating differences,and maximize the protection of personal information in cross-border flows,so that personal information can flow rationally and orderly under the collision of various global rules,is the issue to be discussed in this paper.This paper attempts to explore the legal protection of the cross-border movement of personal information from an international perspective.In this paper,we insist on the problem orientation,and firstly,we propose the questions to be analyzed and solved in this paper,namely,what is the current status of the global legal regulation of the cross-border flow of personal information,and how to find a balance among the conflicting values to achieve better legal protection for the cross-border flow of personal information.Secondly,it defines the scope of cross-border flow of personal information,clarifies the concept and basis of cross-border flow of personal information and its legal protection,analyzes thenecessity of legal protection of cross-border flow of personal information based on the characteristics of personal information in cross-border flow,that is,to guide,regulate and supervise the cross-border flow of personal information in an orderly manner,and seeks the balance of cross-border flow of personal information under the two global mainstream value orientation of data localization and data liberalization.Again,this paper starts from the current status of legal protection of cross-border flow of personal information,and analyzes the current problems of legal protection,including the conflict of ideas,lack of clarity of principles,uneven rules and imperfection of subject rights.We discuss the major differences between the two current mainstream concepts,the principles and shortcomings of the existing principles for the cross-border flow of personal information internationally,and analyze from the perspective of special personal information what kind of personal information can leave the country and to what extent,as well as what rights and imperfections of the rights of personal information subjects in the cross-border flow.Finally,the paper proposes better legal protection for the cross-border movement of personal information.The overarching recommendation is to reconcile data sovereignty with the flow of information across borders,while proposals are made to establish principles of global unity,promote the convergence of regional rules and strengthen bilateral cooperation from the perspective of international law.Finally,China,as a major data economy country,should,while improving its own regulations,also demonstrate to the international community the Chinese solution for the legal protection of the cross-border movement of personal information.