Research On The Legal Issues Concerning International Regulation Of Cross-Border Transfer Of Personal Data

The development of the Internet makes the content and scale of cross-border data constantly change,and with the development of the internet of the industry,personal privacy data,personal bank account data,personal transaction data,etc.exist in different industries in all aspects of production,trading,circulation,etc.,and in international economic activities to achieve cross-border transmission.The growth of personal data and high-frequency sub-border transmission raises corresponding data security issues.In order to fully protect the security of personal data,regulate the rules for cross-border transfer of personal data and harmonize the conflicts between the domestic rules for cross-border transfer of personal data,more and more international rules for cross-border transfer of personal data are emerging.These international rules for the cross-border transfer of personal data can be broadly classified into two types: American-style international rules for the cross-border transfer of personal data and European-style international rules for the cross-border transfer of personal data,due to differences in the jurisprudential basis on which they are based,the regulatory path adopted and the manner of implementation.As China is in the early stage of formulating domestic rules on cross-border transfer of personal data,the study of American and European rules on cross-border transfer of personal data can,on the one hand,provide useful reference and reference for improving China's rules on cross-border transfer of personal data and,on the other hand,provide an international perspective for China's participation in the formulation of international rules on cross-border transfer of personal data.This paper will complete the study of the legal aspects of international rules for the cross-border transfer of personal data in the following four parts,the main points of which are as follows.The first part is an overview of the international rules for the cross-border transfer of personal data.On the basis of clarifying the concept of cross-border transfer of personal data,by tracing the background of the emergence of international rules on cross-border transfer of personal data,the American and European models of international rules on cross-border transfer of personal data are summarized,and representative legal documents in the formation of these two models are combed through.The second part is the regulation principles of the international rules for the cross-border transmission of personal data.In this paper,the principle of adequacy regulation adopted by the EU and the principle of accountability regulation adopted by APEC are selected respectively,and the scope,objects and standards of application of these two different regulatory principles are elaborated in detail.Finally,the regulatory methods under these two principles are evaluated respectively.The third part is the implementation of international rules for the cross-border transfer of personal data.In this paper,the implementation rules in the GDPR as a representative of the EU adequacy principle regulation path and the implementation rules in the CBPR system as a representative of the American accountability principle regulation path,the implementation rules in the two different paths are elaborated and evaluated separately.The fourth part is the status and development strategy of the rules for cross-border transfer of personal data in our country.This section begins with an introduction to the current status of our legal rules on personal data protection and cross-border transfer of personal data.Subsequently,in the light of our country's actual situation and the current state of legislation,recommendations are made to improve the rules for the cross-border movement of personal data within our country from the domestic and international perspectives.