Font Size: a A A

The Study On International Regulation Of Cross-Border Flows Of Personal Data

Posted on:2022-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y FengFull Text:PDF
GTID:2506306521467814Subject:International Law
Abstract/Summary:PDF Full Text Request
Data flow has become an important part of the current world economy.In the digital economy,how to balance personal data protection and cross-border data flow is an important problem we need to solve.There is no consensus on the definition of cross-border data flows,and the right attribute of personal data is also controversial.The regulation of cross-border flows of personal data is also faced with the consideration of personal data security,public interest,economic interest,industrial development and many other factors.Based on the differences of personal data protection in different countries,different regulatory models of cross-border flows of personal data are triggered.Currently,there are two major regulatory models in the world,the EU model and the US-led one.The EU model focuses on the security of personal data,while the US-led regulation model is mainly based on bilateral or multilateral agreements and pays more attention to the free flow of data.The difference between the two modes of regulation is obvious,and there is a lack of coordination mechanism between them,which leads to the situation that they go their own way at present.International regulation of cross-border flow of personal data is faced with the balance between protection of personal data and cross-border flow of data.Based on different regulatory objectives and national interests,countries will make different choices.In the current situation that there is no international consensus on the regulation of cross-border personal data flow,there are some problems in the regulation and application of the rules of cross-border personal data flow,such as the differences in specific rules and the application of extraterritorial jurisdiction and exception clauses.Data localization is a common measure that hinders the cross-border flow of personal data.Reasonable solution to the problem of data localization is very important to balance the relationship between the protection of personal data and the cross-border flow of data.At the same time,the bilateral agreement on the cross-border flow of personal data signed between Europe and the United States has alleviated the differences between Europe and the United States on the cross-border flow of personal data to a certain extent.Provides ideas for countries to address the cross-border flow of personal data through bilateral or multilateral agreements.The legal provisions of personal data protection in China are relatively scattered.At present,China is speeding up the formulation of a unified personal data protection law.Our country can draw lessons from foreign regulatory models,combine with China's specific national conditions and economic goals,formulate personal data protection law in line with China's national interests,and improve the legal system of personal data protection.At the same time,China also needs to constantly strengthen regional and international exchanges and cooperation,actively participate in international rule making,and enhance China's voice.
Keywords/Search Tags:Personal Data Protection, Cross-border Data Flows, Data Localization, GDPR, CBPR
PDF Full Text Request
Related items