Research On Legal Regulation Of Data Localization

The cross-border flow of data is an important driving force for the development of the digital economy.However,the US government banned Tik Tok and the main basis for the data flow between the United States and Europe,the "Privacy Shield" agreement was declared invalid.Attitudes have gradually changed from "pursuing economic benefits" to "protecting data security".At present,there are major disputes among countries on whether to encourage the free cross-border flow of data.Most developing countries and emerging economies have introduced data localization policies,requiring data generated by their own countries to be stored in their own borders to ensure data security;the United States and other countries They oppose data localization and believe that data localization constitutes a digital trade barrier and hinders the development of the digital economy.Therefore,whether data localization should become the global consensus and the preferred measure to regulate the cross-border flow of data remains questionable.The cross-border flow of data has the triple value of property value,personality value and national sovereignty value.The main reason for the controversy of data localization is the deviation of different value attributes by countries,and this deviation is caused by economic,political and cultural Policy choices made up of multiple factors.At present,from the perspective of international interests,data localization plays an important role in protecting personal privacy and safeguarding national data sovereignty and security,and has unique and irreplaceable advantages.The primary task at the moment should be how to effectively establish a coordination mechanism between international regulations and domestic legislation,rather than completely denying data localization for self-interest.The current data localization policy mainly has two forms: international regulation and national legislation.In international organizations,the European Union mainly emphasizes the protection of personal privacy,and the Organization for Economic Cooperation and Development and the Trans-Pacific Partnership are opposed to data localization.In national legislation,Russia requires the personal data of its citizens to be backed up and stored within its territory;China requires that the data generated in its own country should be stored in China,and security assessments are required to go abroad;India requires that its own data must be stored on domestic servers.Through comparison,it can be concluded that the current data localization still has decentralized legislation and lack of unified international rules;excessive differences in system content increase corporate compliance costs;and it faces problems such as international pressure from hegemonism.Similarly,the improvement of data localization regulations also needs to start from two aspects: international regulations and domestic legislation.In terms of international regulation,it is necessary to establish a unified data localization consensus and basic principles,establish strict and flexible data localization supervision rules,establish a global industry self-regulatory organization,and establish a coordination mechanism between international regulations and domestic legislation.In response,China needs to improve its system and establish a flexible and effective data localization model;change its concept from passive defense to active attack;win-win cooperation and promote bilateral and multilateral negotiations.