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The Protection And Utilization Of The Personal Data In Cross-border Transfer:An Analysis Of Classification Regulatory Method In The Personal Information Protection Law Of The People's Republic Of China

Posted on:2022-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:R C ZhaoFull Text:PDF
GTID:2506306608964789Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since the Fourth Industrial Revolution,which is based on Internet technology,China has entered the phase of Digital Reform.Citizens' personal information has been collected,circulated,and used in large quantities in all walks of life ever since.On November 1,2021,the Personal Information Protection Law of the People's Republic of China officially came into effect,being China's first centralized law act specifically for personal information.Consequently,multiple sectors of society have paid attention to the promulgation of the law act,one of the most attention-grabbing fields being the regulation of cross-border flow of personal information.With the development of globalization and the global trade chain,the cross-border flow of personal information has become more frequent than ever.Also,gradually with it emerges the contradiction between the value of 'protection' and 'utilization' within the handling and regulation of cross-border flow of personal information.The free and flexible flow of personal information across borders is conducive to the profitability of multinational enterprises and international cultural exchanges,while the strict protection and censorship of it is conducive to safeguarding national sovereignty and social public safety.With the promulgation and implementation of the Personal Information Protection Law of the People's Republic of China,questions including 'what position has China taken concerning the cross-border flow of personal information?What legislative method has it adopted?Does this method help balance the contradiction between protection and utilization?' need to be explored and interpreted urgently.It not only concerns the triple interests of individuals,enterprises and the state,but also provides a Chinese perspective for the regulation of the flow of personal information on the international stage.This thesis aims to answer the above research questions in three steps.First of all,this thesis hopes to gain insight into its overall legislative tone and value orientation by interpreting the relevant content of the basic definition of personal information in the General Provisions of the Personal Information Protection Law of the People's Republic of China;Secondly,this thesis aspires to analyze how the act penetrates its value orientation into the specific provisions of the regulation regarding cross-border flow of personal information in Chapter III of the law act.Finally,this thesis hopes to review the interpretation of the relevant provisions of the first two Personal Information Protection Laws of the People's Republic of China and contribute to its future regulation of cross-border flow of personal information,so as to make it more comprehensive and systematic.This thesis is divided into five chapters.The first chapter is introduction,which mainly clarifies the significance of this study both domestically and internationally,lists research issues,sorts out literature achievements and research gaps,and constructs the structure of the paper.The literature review mainly looks at three branches of study,namely China's legislation on the regulation of cross-border flow of personal information,the regional differences in the regulations of cross-border flow of personal information,and the application of classification regulations in personal information related provisions.Chapter Two focuses on the basic definitions and principles of personal information in the General Provisions of the Personal Information Protection Law of the People's Republic of China,and analyzes the changes made by this latest and most authoritative law on the handling of personal information in China compared with the civil code,the Cybersecurity Law and many other domestic laws that have been promulgated before.The ultimate purpose of this chapter is to explore the changes in the underlying general tone of legislation and the choice of value orientation.Chapter Three is the major focus of this thesis.This chapter interprets the different classification standards in the relevant provisions on the cross-border flow of personal information from the perspective of 'classification regulation'(including personal information recipients,personal information providers,and personal information content areas,the amount of personal information and exception clauses,etc.),and explored the logic embodied in the application of the classification regulation method here.Chapter Four provides suggestions.It sorts out and summarizes the analysis results of chapters 2 and 3 and provides insight into the legislative concept and value orientation of the Personal Information Protection Law.It interprets the characteristics and values of'classification regulatory methods' and makes suggestions for the future legal construction of personal information in China,making it completer and more systematic.Chapter Five is the conclusion,which summarizes the contents of the current study.Through the above research overview,this thesis aims to interpret China's current most comprehensive and authoritative personal information-related bill,gain insight into the legislative philosophy behind it,and provide new ideas for the balance between the protection and utilization of personal information flowing across borders,and provide legislative suggestions for the improvement of the regulation of cross-border flow of personal information.
Keywords/Search Tags:Personal Information Protection Law, Cross-border Flow of Personal Information, Classified Regulatory, Data Sovereignty, Data Freedom
PDF Full Text Request
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