Jurisdiction Rules For The Crossborder Flow Of Big Data From The Perspective Of National Sovereignty

2020 is the key year for the transformation of big data application governance from commercial field to public field.Affected by the global outbreak of the COVID-19,the global real economy has been hit hard,and economic entities in various countries have to use Internet communication technology to carry out digital transformation.The impact of cross-border data flow on data security and economic ecology of a country is increasingly apparent,gradually eroding the data ecosystem of a country,for big data,a new productive strategic resource,how to apply the traditional theory of national sovereignty and jurisdiction has not been clearly defined,and it is difficult to implement effective jurisdiction over its activities in the global scope.The change of jurisdiction pattern is closely related to the development of sovereignty theory and territory theory.When big data flows globally through the Internet and cloud computing technology,whether it is non-sovereign territorial form or territorial form under the principle of sovereignty,it is directly affected by national interests.From the traditional single non-sovereign territory theory,to the principle of national sovereignty under the modern Westphalia system,to the spillover of national interest boundary in the era of global governance,the mode of national territory has gradually diversified,and the theory of jurisdiction has gradually expanded its depth,and the traditional mode of national jurisdiction has been difficult to adapt to the new situation of national interest conflict in the era of big data.Traditional information management standards and models are facing enormous challenges,cross-border data flows and national data security issues highlighted,it is urgent to re-orientate the cross-border jurisdiction of data,on the basis of innovative data sovereignty theory,improve the international law system of cross-border jurisdiction of big data,promote the global cooperation of data jurisdiction,and clarify the jurisdiction rules of big data in various countries.To maximize the value of big data itself.This article carries on the discussion research from the following three parts:The first part is the definition of the concept of big data from the perspective of international law,big data as a new era of information resources relying on computer technology and Internet communication means,has a huge impact in the global scope.In order to achieve effective jurisdiction and governance of big data in the global scope,we must first clarify the relevant concepts of big data,including data territory,data jurisdiction and other concepts.The second part of the main content of the international law of big data sovereignty and sovereignty boundary analysis,according to the traditional principles of international law,only a clear scope of state sovereignty and boundaries,can effectively explore the jurisdiction of big data.The third part mainly includes the implementation principles,implementation content,implementation measures and implementation practice of the jurisdiction of cross-border flow of big data.Based on the four basic jurisdiction principles of territorial jurisdiction,nationality jurisdiction,protection jurisdiction and effect principle,this paper studies the legislation,law enforcement and judicial jurisdiction in data activities.