On The Legal Regulation Of Personal Information Protection In Cross-border Data Flow In China

With the development of computer technology and the continuous progress of social economy,the Internet has narrowed the distance between people and the cross-border flow of information has become more frequent.In the era of information explosion,information is a new type of productivity,and cross-border data flow is one of the important factors that continuously promote the rapid development of the world economy.The concern on the cross-border data flow stems from the rise of personal information protection.As of now,there has not been a unified regulation on cross-border data flow in the world,and the legal regulation on cross-border data flow has formed two different factions represented by the European Union and the United States.Based on the tradition of privacy protection,the EU has issued a series of legal documents with data protection as the direction.Among them,the general data protection regulation implemented in 2018 is the most complete.In order to consolidate the advantages obtained in the information age,the United States,guided by the market economy,opposes the enactment of relevant legislation to regulate the cross-border data flow,which hinders the economic development,and advocates the free flow of data.China entered the information age in the mid-1980s,and data protection regulation started relatively late.However,in recent years,China has realized the importance of data protection and has issued a series of laws and policies.The network security law implemented in 2017 is the first network legislative norm in China.However,the legal regulations on data protection in China have problems such as scattered legislation and unclear powers,and there is no specific legislation on data protection.Therefore,this paper mainly aims to enlighten China's data protection by introducing the extraterritorial legal regulations represented by the European Union and the United States.Based on the EU common data protection regulation,this paper attempts to conduct a comprehensive and complete exploratory study on the legal system of cross-border data flow in the eu.Apart from the introduction,I divided the article into four parts:The first part is the basic legal theory of personal information protection in cross-border data flow.This part firstly defines relevant concepts in cross-border data flow,and then summarizes the necessity to regulate cross-border data flow by analyzing the advantages and disadvantages of cross-border data flow in the current society.Finally,by sorting out the legal regulations on the protection of personal information in the two different cross-border data flows between the eu and the us,the characteristics of the two different legal regulations are analyzed.The second part is the development of personal information protection law in cross-border data flow.This part firstly introduces the us regulation system of strengthening data cross-border through bilateral or multilateral agreements.Then it introduces the regulation system of the European Union which strictly restricts the cross-border flow of personal data.Finally,the paper analyzes the characteristics of the current most representative legal text "general data protection regulation" in the legal system of cross-border data flow in the EU.The third chapter is about the protection of personal information in China's cross-border data flow.Firstly,it sorts out the legal regulations on the protection of personal information in China's cross-border data flow,and comprehensively introduces the current situation of the protection of personal information in China's cross-border data flow.Then,it analyzes the protection of personal information in China's cross-border data flow.Based on the analysis of China's existing legal system,it puts forward the concept deviation,legislative deficiency and institutional defects of the protection of personal information in China's cross-border data flow.The fourth part is the improvement of legal regulations on the protection of personal information in the cross-border data flow in China.This part firstly proposes the revision of the concept of personal information protection in the cross-border data flow in China.Then by analyzing the existing legislation on the protection of personal information in the cross-border data flow between the EU and the us,this paper proposes to improve the law on the protection of personal information in the cross-border data flow according to China's national conditions.At last,it puts forward the system construction of personal information protection in cross-border data flow.