The Conflicts Of Extraterritoriality Jurisdiction Over Data Under The Environment Of Internet

In the era of big data,with the development of electronic information technology and the popularization of intelligent devices,social networks,e-commerce,search engines as well as other newly-occurred products have increasingly been into millions of households.Data is growing at an unprecedented rate and flowing freely around the world.The high frequency of cross-border data flow,the convenience of outbound data storage make our national security face severe challenges.The concept of data sovereignty is being concerned by worldwide scholars,which is the theoretical basis for countries to govern data-related industries.In practice,countries around the world have triggered continuous expansion of jurisdiction extraterritority under the Internet environment,resulting in the contradiction and conflict of different nations' jurisdictions.In recent years,data is more than merely a series of number,it's beginning to be linked with commercial trading and economic development.The economic value inside data is being contested by enterprises,governments and individuals.Therefore,the amount of disputes about data is increasing in great speed.The European Court of Justice declared that the "Safe Harbor" Agreement which was established since 2000 is invalid from now on.Internet companies such as Google and Facebook have to pay a fine equivalent in France,Germany,Spain and other EU countries for using their citizens sensitive information inappropriately.Domestically,Sina weibo has filed alawsuit against Maimai for using Sina users' info without permission.How to protect personal data is of great importance to every nation as well as the whole international community,while the unique characteristics of data determine it cannot be effectively regulated in the traditional legal system.It is particularly urgent to renew our legal system so as to revitalize its vitality in the field of data protection.The problem of data protection under the environment of Internet is nothing more than the usage and regulation of data,the jurisdiction of data protection disputes,and the international coordination mechanism of data protection.Great information technology powers such as Europe and the United States have formed a systematic regulatory mechanism in the field of data protection.In 2012,the EU began to revise the Data Protection Directive,which has been using for more than 20 years.In 2018,the new General Data Protection Regulations have been formally implemented to unify the laws and regulations on personal data protection of countries in the EU region.The Clarifying Overseas Use of Data Act issued by the United States in early2018 legalized the US government departments' order to extraterritorial data from domestic service providers.The UK divides data into public and personal data with specific classification.India,Russia,Vietnam and other countries adopt data localization policies to strictly control data cross-border flow in order to maintain their data security.Traditional international civil and commercial litigation jurisdiction is used to hear civil and commercial cases involving foreign factors.How to play its role in boundary-less filed of data is worth pondering.How to rationally define the jurisdiction of countries on data protection issues,further developing the jurisdiction principle and ultimately reduce the conflicts of extraterritorial jurisdiction between countries has become a key goal in this article.As far as territorial jurisdiction is concerned,the number of areas involved in is far greater than before.Behavior occurred in the internet is difficult to locate precise physical location.The technology and law obstacles doubled the incompatibility of traditional territorial jurisdiction principles in the field of data protection.On the other hand,personal jurisdiction seems a little bit narrow and rigid to determine jurisdiction courts.The personal jurisdiction based on the nationality of data service providers isadopted by some countries,in order to incorporate most of the global data into their jurisdiction.And contractual jurisdiction,as an alternative option,should consider the true meaning of both parties additionally.All these are the problems need to be considered and solved in the era of big data.In practice,in order to solve the problem of extraterritorial jurisdiction of data disputes,countries have made some attempts in legislation,judicial and policy promulgation.For example,the "Data Controller" standard adopted by the United States in the case U.S.v.Microsoft Corp.determines that it is the location of the data controller to decide the jurisdiction courts,rather than the location of the date sever.In the case Douez v.Facebook Inc.trailed in the Supreme Court of Canada,a two-step criterion was established to determine the validity of the choice of court clause.In the case of Google Spain SL,Google Inc.v AEPD,Mario Costeja Gonzalez,the validty of judgment is expanded to a global scale.After all,there is still lacking systematic arrangement of extraterritorial jurisdiction system in general.To fundamentally solve the dilemma,the international community needs to call on cooperation to achieve co-management of data industry and form a unified legal mechanism in the field of data protection.But before that,it is necessary for China to form a data protection legislation system which is power enough to safeguard our data sovereignty.The principle of personal jurisdiction based on the nationality of data user should to be the main jurisdiction principle,which accords with the fact that the number of data users in China is large.It can protect the personal users' fundamental rights and national data security to the greatest extent,while reducing the burden of jurisdiction over foreign citizens' data at the same time.In addition,taking the contractual jurisdiction as a supplementary principle.We should formulate detailed standards on how to judge the legality and validity of the contractual jurisdiction clause,and clarifies the formal and substantive requirements contractual jurisdiction should possess.In addition,data can be classified according to their importance,and different management modes should be adopted accordingly.In addition,we should not neglect the necessity of cooperation at the international level.Exporting Chinese wisdom,and making use ofthe opportunities of regional and international conferences to communicate with our neighborhoods.The competition about data will determine our international status,stay modest and stay strong will be our goal.