Legal Regulation Of Cross-border Data Flow In China

With the accelerated development of economic globalization,the relationship between the Internet and people has become closer,and data transmission and communication have been integrated into social development and People's Daily life.The cross-border flow of data began to attract attention in the 1970 s,and today the economic benefits of data have become a major growth driver for global transactions and investment.Through information and communication technology,nearly half of the cross-border service trade can be smoothly provided.Among the service trade,there are not only data processing and internet-related services,but also various professional services such as legal advice,learning guide,medical solutions and educational resources.However,while bringing convenience to cross-border data,it also poses threats and challenges to national data security,personal privacy and enterprises.Throughout the world,up to now,the global cross-border data flow regulation system has not been completed,which is mainly represented by the data regulation model of the European Union and the United States.On the other hand,the concept of human rights has a long history in the EU.It has established the link between human rights and data,thus taking the enjoyment of data rights as the content of basic human rights.It has introduced high standards and high-level rules on the flow of personal data,and formed the unique "full protection" paradigm of the EU.The United States has long supported the free flow of cross-border data,and it has a powerful Internet leading industry,which guarantees the free flow of data in the United States and forms a data flow model with market leading and industry self-discipline.Both models are based on national conditions and cultural background,and each has its own advantages and disadvantages,which affect the cross-border flow of global data.Under the general background,countries have promulgated their own data transmission policies and regulations,and more than 100 countries in the world have taken actions.China also has data protection awareness,studies it and is implementing it.In the study of cross-border data flow,China is bound to face the problem of balancing the free flow of cross-border data with the legitimate policy objectives.Through the research and study of the current situation of the legal regulation of the cross-border data transmission in China,we find some problems in the cross-border data flow in China.For example,there is no special legislation,but scattered laws,regulations and rules at different levels,which is not systematic and not strong in operation.The lack of regulatory capacity and the absence of specialized agencies to enforce the law;Data protection standards are low and there are no problems with third-party certification bodies.After analyzing the above problems,it is necessary for China to accelerate the unification of legislation,set up privacy enforcement agencies and develop third-party certification agencies to promote the long-term development of cross-border data flow,so as to improve the economic benefits of China's digital cross-border transactions.At the international level,although China has carried out bilateral negotiations and regional economic cooperation and exchanges,it has not actually participated in the construction of global cross-border data flow rules.There is no special privacy law enforcement agency in China,so there is no preconditions for CBPR system to join.The lack of international cooperation requires China to make full use of its advantages as a major country to break the deadlock and integrate it into the construction of the international system of cross-border data flow,so as to enhance China's international voice and accelerate the development of international trade.