Cross-Border Data Flow Regulation And China's Countermeasures

The regulation of cross-border data flow is one of the important issues in the field of cross-border data governance in the context of economic globalization,which is related to the development of digital economy,the integrity of national sovereignty and the maintenance of personal privacy.At present,135 countries(regions)out of a total of 231 countries(regions)in the world have enacted laws including data protection laws,and most of them have established or formed their own cross-border data flow rules or policies.At present,the world has not formed a unified regulation model for cross-border data flow,so the research on the cross-border data flow regulation system of other countries(regions)is helpful to the establishment and improvement of China's cross-border data flow regulation system.Through the use of comparative analysis,case analysis and other methods in this thesis,firstly,the basic connotation of cross-border data flow is defined.Cross-border data flow refers to the circulation,storage,reading and editing of data that crosses the border and can be identified and read by machines.Secondly,it discusses the necessity of regulating cross-border data flow.The orderly regulation of cross-border data flows will not only help to protect personal privacy,but also help to promote the globalization of the digital economy and maintain national security.Then it introduces the cross-border data regulatory systems of the European Union,the United States and China.From the perspective of human rights,the European Union has established the status of the right to personal data.The United States advocates the free flow of data and fully mobilizes the regulatory role of industry self-discipline.China has promulgated the Cyber Security Law and other laws and regulations to initially establish a cross-border data flow regulation system,which aims to pursue the legislative objectives of personal data security and national security.Finally,based on China's national conditions,the author thinks that at the level of international law,China canlearn from the "safe harbor model" of the United States and Europe,actively promote the two-way exchange of cross-border data with other countries(regions),and make use of the opportunity of "Belt and Road Initiative" and the negotiation mechanism such as docking "CBPR" to strengthen international cooperation.At the level of domestic law,we can refer to the General Data Protection Regulations of the European Union and the California Consumer Privacy Act of the United States to formulate China's Personal Data Protection Law as soon as possible to improve the construction of China's cross-border data regulation system.Relying on the innovation of policy advantages in specific areas of our country,we attach importance to the development of industry self-discipline rule system,so as to promote the overall level of cross-border data regulation and sustainable development,and improve our cross-border data regulation system.