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Studys On The Legal Regulation Of Cross-border Data Flows

Posted on:2021-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:J Y TangFull Text:PDF
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As an irreversible trend in the era of information society,cross-border data flows not only promote the innovation and upgrading of global economic integration,but also bring challenges to global data governance.On the one hand,data has natural mobility,economic value and low-cost replication.The rapid global flows of data across national boundaries can promote the innovation and development of technologies such as the Internet,big data and network services,so that all walks of life can benefit from the development of high technology and upgrade their business models.On the other hand,cross-border data flows involve information on national security,economic development and personal privacy.If unburdened cross-border data flows are allowed,it is unavoidable to worry that a country's security and development will be threatened and undermined,especially after the outbreak of the PRISM in 2013 and Edward Joseph Snowden disclosed a series of surveillance programs implemented by the National Security Agency,various countries took measures to strengthen the management and restriction of cross-border data flows,which also brought a new round of reconstruction to the governance of global cross-border data flows.Therefore,starting from the existing legal regulation of cross-border data flows,this paper focuses on the legislative practice of representative countries,and combines with system and measures adopted by international organizations,in order to predict the international trend of cross-border data flows.This paper combs the legal regulation of cross-border data flows in China,discusses the main problems and puts forward some countermeasures to improve the legal regulation of cross-border data flows in China.In addition to the introduction,this paper is divided into four parts:The first chapter is an overview of cross-border data flows.Cross-border data flows are defined by tracing their origins and discussing specific international interpretations.Then,this paper explores the need to regulate cross-border flows.The second chapter is the practice of regulation of cross-border data flows in typical countries and international organizations.By introducing the systems and measures taken by the three typical countries of the United States,Russia and Japan,and relevant international organizations on cross-border data flows,this paper discusses and analyzes its legislative characteristics.The third chapter is the status and deficiencies of the legal regulation of cross-border data flows in China.First of all,this paper sorted out the existing laws and regulations related to cross-border data flows in China and study the main content.Then,analyze the shortcomings of the legal regulation of cross-border data flows and explore the main existing problems in China.The fourth chapter is the suggestion on the legal regulation of cross-border data flows in China.Aiming at the main problems in the legal regulation of cross-border data flows in China,this paper proposes to improve data legislation,improve the supervision system of cross-border data flows and establish a self-regulation system for enterprises internally,and actively participate in the formulation of international rules for cross-border data flows externally,working both ways to build China into a safe and reliable global data flows center.
Keywords/Search Tags:Cross-border data flows, Data localization, National security, Protection of personal information and privacy
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