| Most of the contemporary people are used to using the Internet media to enjoy the convenience services provided by information technology in the form of online shopping,e-mail,social platform and so on.In this process,data flow or storage will produce a lot of personal data related to users.The emergence of high data liquidity and high value currency transactions means that the stable data protection methods in the past have been broken,and people have entered a free,open and changing environment.The massive amount of personal data in cyberspace is prone to data leakage due to imperfect supervision,and presents the trend of global spread.Therefore,the regulatory system of cross-border data flow has received renewed attention at the domestic and international levels.It is of practical significance to study the contents and differences of the legal supervision of cross-border data flow among countries and international organizations in order to improve the security supervision system of cross-border data flow in China and build the regulation system of cross-border data flow under the "overall security concept" in China.Using the methods of literature analysis,induction and deduction,and comparative analysis,this paper first explains the basic concepts of legal supervision of cross-border data flow.Secondly,this paper discusses the evolution of the regulation system of cross-border data flow in detail,analyzes the different measures in the current national laws to regulate cross-border data flow and the legal regulation related to cross-border data flow in international treaties,and reveals the development characteristics and trends of the legal regulation of cross-border data flow.Then,it compares and analyzes the differences in the specific implementation of cross-border data flow supervision mechanism between China and foreign countries in the process of legal supervision of cross-border data flow,mainly in three aspects: Approval audit system,implementation mechanism and accountability system.Finally,combined with the current situation of legal supervision of cross-border data flow in China,and drawing on international experience,the paper puts forward specific suggestions for improvement.In addition to the introduction and conclusion,the paper is divided into four parts.The first part describes the basic concepts and theories of legal supervision of cross-border data flow.This paper clarifies the definition and basic characteristics of "personal data" as the legal regulatory object of crossborder data flow,compares the differences between the definition of personal data and sensitive data,important data and government data,combs the legal definition of cross-border data flow in various countries,defines the specific meaning of the legal regulatory system of cross-border data flow,and clarifies that data security and data protection should be strengthened The reasons for the regulation of personal data in cross-border flow.The second part discusses the evolution of legal regulation of cross-border data flow.This paper gives a comprehensive introduction to the main legal systems of the current cross-border flow of personal data,including the impact of the change of information technology on the supervision of cross-border data flow.The development process is divided into the establishment stage of the legal supervision mechanism of international organizations,the establishment stage of the legal supervision mechanism of various countries and the improvement stage of the international / regional / national legal supervision mechanism According to the development characteristics of legal supervision in each period,this paper sorts out the basic links of legal supervision of cross-border data flow in various countries,which lays the foundation for the next comparative analysis of legal supervision mechanism of cross-border data flow.The third part discusses the comparative analysis of the legal supervision mechanism of cross-border data flow.This paper makes a comprehensive comparison and analysis of the systems involved in the second part,including the audit and approval system,the implementation mechanism and the accountability system in the process of legal supervision of data flow,in order to find the differences in the core objectives,policy choices and implementation effects of different legal systems.The fourth part takes the supervision and cooperation of cross-border data flow in Europe and the United States as an example to analyze two cross border data flow agreement in detail.This paper deeply analyzes the division basis of rights and obligations in the supervision and cooperation of cross-border data flow in Europe and the United States,and makes it clear that the main reason for the invalidation of the agreement is the huge difference in the supervision concept and protection strength,trying to provide some suggestions for China to participate in the formulation of international cross-border data flow rules.Author believes that in the future,in the supervision of cross-border data flow,we should improve the legal supervision system of cross-border data flow,clarify the supervision content,strengthen the jurisdiction of foreign protection,and actively seek multi-party cooperation.In order to safeguard China’s data sovereignty in the global data protection system,we should gradually improve the level of data security protection in China and build a sound and reasonable supervision system for cross-border data flow. |
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