Research On The Regulation Of Cross-border Flow Of Personal Data In China

With the rapid development of economic globalization,the cross-border flow of personal data becomes extremely frequent,which has become an irresistible trend.Many countries have supervised the cross-border flow of personal data.However,due to the differences of history,geography,economy,politics and other factors in different countries,the regulatory countermeasures for the cross-border flow of personal data are also different.At present,the unified rules of global data cross-border flow have not been formed,and the existing rules are mainly led by developed countries in Europe and the United States.The first is the decentralized legislative model represented by the United States,which takes the market as the leading role,advocates the implementation of industry self-discipline,and promotes the cross-border flow of personal data by signing bilateral and multilateral agreements.The second is a unified legislative model represented by the European Union.Through the development of a unified personal data protection law,the principle of full protection is created,and the cross-border flow of personal data is strictly restricted.The cross-border flow of personal data involves international rules,so there are many regulatory objectives.There are not only conflicts between personal data protection and free flow of personal data,but also conflicts between national data sovereignty and free flow of personal data.How to balance the relationship among personal data protection,national data sovereignty and free flow of personal data has become an urgent practical problem.The legislation of cross-border data flow in China started late.In 2017,the issuance of the network security law coordinated the provisions on cross-border flow of personal data scattered in various fields,but the relevant provisions were too broad,and there were still many application problems in practice.This paper analyzes the current situation of the regulation of cross-border flow of personal data in China and the existing regulation legislation which is too scattered and lack of operability,lack of a unified regulatory body,unreasonable classification of the regulation of cross-border flow of personal data,too high intensity of the localization rules of personal data,not actively participating in the formulation of the international rules of cross-border flow of data,etc.,and combines the national conditions of China to absorb the global number According to the beneficial experience of cross-border flow supervision policy,this paper puts forward some suggestions to promote the formation of the protection system of cross-border flow of personal data in China,such as the establishment of a unified legislation on cross-border flow of data,the establishment of a unified regulatory agency,the establishment of classification regulation on cross-border flow of personal data,the implementation of a data localization policy with appropriate intensity,and the promotion of coordination between domestic legislation and international rules.