Research On Legal Regulation Of Data Cross-border Flow

With the profound changes in the global governance system,the value of information and data is gradually being recognized by society.Today,data is no longer simply considered as a collection of numbers but as a carrier of information,and it has gradually become a key production factor driving global economic innovation and sustainable social development.Globally,"data" in the new era is quietly changing the world.From production methods to business activities,from consumption structure to industrial distribution,from thinking modes to legal awareness,from privacy protection to sovereignty protection,data is important to society.The influence is constantly deepening.The biggest difference between data and other traditional factors lies in its liquidity and reproducibility.At the same time,based on the era of economic globalization,the cross-border flow rate of data has increased,and the risk problems under the flow have gradually emerged.Nowadays,building a perfect legal regulation system for cross-border data flow has become one of the urgent issues for every sovereign country.This thesis uses normative analysis,comparative analysis and other methods to first define the basic concepts of data cross-border flow.Secondly,it analyzes the basic history,current status of regulations and deficiencies of China's data cross-border flow regulation.Thirdly,the author will elaborate on the choice of data cross-border flow regulation paths and specific rules in major international countries,with a view to revealing the development rules of data cross-border flow regulation and providing useful inspiration to China's regulations.Finally,combined with China 's basic national conditions and regulatory status,based on international experience,put forward comprehensive concrete suggestions.In addition to the conclusion,this thesis is divided into five parts.The first part is a review of the current international environment,domestic background,and basic literature perspectives.The problem of cross-border data flow is no longer a one-sided data security issue.Maintaining the integrity of national data sovereignty,the security of personal data,and the balance between the development of the international economy has become the regulation of data cross-border flows.Core topics.The second part is the definition of the basic concept of data cross-border flow.The distinction between "data","information" and "privacy" has always been the focus of controversy in academia.A reasonable distinction is conducive to delimiting the scope of regulation,clarifying the content of regulation,and clarifying the subject of regulation.In addition,it is important to clarify the specific classification of the data.Selecting the appropriate classification standards and classification methods will lay the foundation for clarifying the data usage scenarios later.The third part elaborates the basic process,current status of regulation and deficiencies of China's data cross-border regulation.Thanks to its huge population base and technical capabilities,China has always had a large influence in the field of international data.However,legal regulations regarding the cross-border flow of data have been fragmented.The promulgation of the "Network Security Law" has pointed out the main line for China's cross-border data flow regulation.Subsequently,a number of laws,regulations and national standards have also begun to strengthen the breadth and depth of regulation around this main line.So far,China's data cross-border flow regulatory framework has begun to take shape.However,with the deepening of practice,China's regulatory system has gradually exposed issues such as imbalanced regulatory objectives,lack of systematization of regulations,unclear data classification standards,inadequate legal supporting measures,and lack of industry autonomy.Study outside the country and learn from regulatory experience.The fourth part introduces the current international regulations regarding the cross-border flow of personal data and the management model for non-personal data cross-border flows.In terms of the regulation of cross-border flow of personal data,there are three mainstream models.One is a fully protected model,such as the EU GDPR regulations;the other is an ex post accountability model,such as the United States;and the third is a data departure model,such as India.These three models reflect three different value orientations and also show the tension between regulatory goals.International practice on the legal regulation of the non-personal data cross-border flow is less,but the EU's "Regulations on the Free Flow of Non-Personal Data" is still worth learning from.The regulations pioneered a set of free-flow models applicable to the cross-border flow of non-personal data,with the goal of improving data utilization efficiency and reducing data barriers,and giving full play to the unique advantages of non-personal data.The fifth part explores the perfection direction of China's data cross-border flow.A good regulatory model for cross-border data flows should be dynamic and resilient.On the basis of extraterritorial legislative practice,China should introduce "contextual integrity theory",distinguish between different use scenarios of data according to the national conditions of the country,and then choose a data cross-border flow model that is in line with China's current situation according to the scenario.Adhere to data sovereignty as the core and strictly restrict the exit of important data.In the cross-border flow of personal data,the key is to improve the protection of personal data.In the cross-border flow of non-personal data,the basic flow is to encourage free flow under the self-regulation of the industry.At the same time,comprehensively strengthen international exchanges and cooperation to achieve the orderly and free development of China's data market on the basis of ensuring national sovereignty and security.