Research On Legal Issues Of Protection Of Personal Data Under Cross-border Data Flow

With the rapid development of science and technology,the pace of globalization and digitalization is getting increasingly faster,which is followed by a rapid increase of cross-border transfer,use and processing of personal data.That is to say,that most cross-border trade nowadays depends on the cross-border flow of data to meet the basic business demands.The dual attributes of personal data,including personality right and property right,not only challenge the legislation of personal data protection in various countries,but also give rise to the contradiction between the free flow of personal data across borders and the protection of personal data.On the one hand,people need to figure out how to maximize the opportunities that data flows bring to trade;on the other hand,how to coordinate the impacts of cross-border data flow on other areas.From the perspective of comparative study,this paper discusses the counte rmeasures of our country by analyzing the international response to the cross-b order flow of personal data and the legal protection of the cross-border flow o f personal data in major countries and regions.The specific discussion will be carried out from the following four parts:The first chapter is an overview of the protection of cross-border flow of personal data.First of all,it defines the scope of personal data discussed in this paper,clarifies the relationship between personal data and personal privacy,and analyzes the theoretical necessity that personal data needs to be protected in cross-border flow from two aspects: personal attribute and property attribute of personal data.The second chapter discusses the international trade disputes in the cross-border flow of personal data and the response of international rules to this issue.In international trade,the rights of personal data are easily infringed and conflict with the free flow of such data.This paper focuses on how to reasonably restrict and effectively protect the cross-border flow of personal data,combined with the WTO rules,the relevant provisions on the cross-border flow of data in the FTA and the APEC privacy rules.Among them,WTO rules have great limitations on personal data protection.The relevant provisions of FTA try to innovate and improve the protection of personal data.Finally,APEC privacy rules provide a relatively perfect model of rules.The third chapter mainly analyzes the relevant rules and practices of protection of personal data in cross-border data flow in major countries and regions,and studies how the European Union and the United States regulate the cross-border flow of personal data,starting from EU GDPR and USA CCPA,respectively,from the aspects of data protection mode,data protection level requirements and international cooperation in data protection,and makes a comparative analysis and evaluation of the aforementioned two.The last chapter puts forward some suggestions for the improvement of our country.By systematically combing the current situation of China’s rules on the protection of cross-border flow of personal data,and combining with the actual situation of our country and international experience,this paper puts forward some suggestions: improving the legal system of personal data protection,establishing an evaluation mechanism for the safety of flow of cross-border data,realizing the hierarchical and classified management of data and actively participating in the negotiation and formulation of international rules.