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Research On The Supervision Path Of Cross-Border Transfer Of Personal Information In China

Posted on:2021-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuangFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the rapid development of the digital economy,the functions of information technology for information collection,search,sorting,transmission,and summarization are becoming more and more powerful.The economic value and benefits brought by the cross-border flow of information have also become an important link to enhance the overall strength of the country.The cross-border transfer of personal information is inevitable under the new economic development situation,but at the same time it brings more risks.It is imperative to supervise the cross-border transfer of personal information.At present,China has not yet formed a complete legal system for the supervision of cross-border transfer personal information,and the conflict between the protection of personal information security and national economic development is reflected.How to balance the conflict is the key point.This article discusses the supervision path of the cross-border transfer of personal information that China should take.Based on the analysis of the deficiencies in China 's supervision,it draws on the relevant regulatory mechanisms of the European Union and the United States,combines China 's actual development needs to determine China 's value orientation.Put forward suggestions for improvement from both the improvement of domestic legislation and the participation of international mechanisms.This article is divided into four parts.The first part outlines the departure of personal information.Based on the explanation of related concepts,the risk of the cross-border transfer of personal information is analyzed to draw the conclusion that it is necessary to supervise the cross-border transfer of personal information.The second part examines the supervision mechanism of the cross-border transfer of personal information in China,concludes that China's supervision mainly includes a lack of special legislation on personal information protection at the domestic level,a single design of the security assessment system,and no overseas recipients.There are deficiencies in practical binding and other aspects.At the international level,there are shortcomings with low participation in international cooperation mechanisms.The third part summarizes the two major personal information cross-border regulatory systems in the world-the EU and the US regulatory pathways.From the legislative history,specific content,and international-level practices,it analyzes the reasons that why the EU 's focus on information security,and the US 's focus on information value.This is also reflected in the integration of the regulatory pathways of their laws and policies,as well as the changes in the bilateral agreements signed by the two sides.The fourth part tries to find the balance point between the protection and development value of the cross-border transfer of personal information in China based on the analysis of the relevant mechanisms in EU and US.First of all,starting from the essential reasons for the choice of the EU and the US,it is proposed that the value choice between the security and development of the cross-border of personal information should be clarified in accordance with China's national conditions.In this part,from the perspective of the development of China 's Internet industry,the internal and external environments of China and the EU are different.China does not need to worry too much about the plunder of information resources from foreign industries,so it is not necessary to take strict information exit restrictions as a protective measure;Meanwhile,considering the risks of personal information outbound and the need to participate in international cooperation mechanisms,China should still improve the level of personal information protection.Secondly,from the two aspects of adhering to the legislation of China's "Personal Information Protection Law" and improving China's security assessment system of the cross-border transfer of personal information,putting forward suggestions for the construction of China's personal information cross-border legal system.Finally,from the level of international regulatory mechanism,comprehensively consider the current status of China's domestic personal information protection level and international practice and influence,point out the direction of China's participation in international cooperation mechanisms.
Keywords/Search Tags:Personal information protection, Personal information outbound supervision, GDPR, Free flow of information
PDF Full Text Request
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