Research On The Legal Regulations Of Personal Data Transborder Flows

Since the 1970 s,the cross-border flows of personal data has increasingly become a topic of concern.The integrated development of Internet technology and economic globalization has enabled personal data to be flowed across national borders at unprecedented speed and efficiency.Based on the liquidity and the information value it carries,personal data has become a key production factor to promote global trade and industrial development.While the cross-border flows of personal data also poses immeasurable potential threats to personal information security,national security and social economic well-being.With the widespread use of personal data,it is particularly urgent to formulate data protection legislation based on personal information protection,national security protection and economic development.Due to different value orientation,the international community has not yet formed a unified regulatory standard and method for the personal data transborder flow.Currently,the strictly restricted personal data transborder flow regulation pattern in Europe and the liberalized regulation pattern in the United States play the dominant role in global date governance.Taking the protection of human rights as the starting point,the EU has formed strict restrictions on the personal data transborder flow,providing a high-level legislative paradigm for global data cross-border governance.Based on the needs of information technology and industrial economic development,the United States has constructed a flexible data free flow approach by actively carrying out bilateral and multilateral data negotiations.Besides,different developing countries like Russia and developed countries like Australia have adopted data localization rules on different levels to protect national security and data sovereignty.China's legislation on the personal data transborder flow started late,and a complete regulatory system for the personal data transborder flow has not yet been formed.The existing relevant regulations are mostly scattered in legal regulations,departmental regulations and other regulatory legal documents at all levels and relevant national standards and industry standards.And an institutional framework for general data transborder flow security assessment and important data transborder flow restriction has been formed.However,the current laws and regulations on the personal data cross-border flow in China face the problems of scattered legislative content,uncleardefinition on the concepts related to personal data,imperfect security assessment mechanisms,and a single way to regulate personal data transborder flow,which makes China's personal data transborder flow legislation stick in certain application difficult.In this regard,the legal regulations on the personal data transborder flow in China should be improved from the domestic and international levels.On the one hand,China should promote the implementation of the personal data transborder flow security assessment mechanism by fulfilling the contract intervention system and strengthening the data cross-border flow supervision.At the same time,a data classification and management system should be adopted and the data localization rules should be perfected,so as to improve the scientific degree and operability of relevant domestic legislation.On the other hand,it is indeed necessary for China to adopt a proactive personal data transborder flow regulation method by integrating with international data protection policies and actively carrying out bilateral and multilateral personal data transborder flow cooperation.Meanwhile,as an emerging Internet power,China should promote the construction of global data transborder flows rule system.