Research On The Essential Security Interests Exception Clause In The Regulation Of RCEP Cross-border Data Flow

At present,human society has begun to enter the digital society,data has become an important resource,and the cross-border flow of data is booming.The Regional Comprehensive Economic Partnership（RCEP）is the first multilateral achievement in the Asia-Pacific region that covers a wide area and has high rules and standards,while taking into account the interests of all member states.The great discretion under fundamental security interests increases the likelihood that parties may invoke this Article to impose restrictions on the cross-border movement of data in order to safeguard national interests.This article takes the essential security interests exception clauses of RCEP’s cross-border data flow regulation as the research object,and is divided into four parts to expand the discussion.The first part summarizes the current state of regulation of cross-border data flows in the world,the differences in goals that countries have when regulating cross-border data flows,and the unique institutional function of the exception clause to coordinate different regulatory goals.Based on the specific content of the RCEP essential security interests exception clause,the second part explores the purpose of RCEP’s establishment of this clause in the regulation of cross-border data flow or to protect the national security and interests of most developing country members.At the same time,when discussing invoking this clause in the future,there may be dilemmas such as ambiguity and excessive self-decision of the members.The third part is to explore the solution to the dilemma of invoking,that is,referring to the WTO security exception clauses to determine the connotation of the terms of the clauses,and observing the rules of honest and good faith interpretation to limit the excessive discretion of the members to invoke the clauses.Regarding the specific interpretation of the provisions,disputes can be resolved through consultations,appeal to the RCEP joint committee,and submission to the domestic courts of the country concerned.The fourth part is to explore the countermeasures in connection with the basic security benefit exception clauses in the regulation of cross-border data flow between my country and RCEP.By analyzing the current status and basic position of my country’s regulation of cross-border data flow,it is proposed that my country needs to improve data management to ensure its own compliance;strengthen system coordination and integrate international regulations;use exception clauses in good faith to legally and reasonably protect my country’s data security;actively Promote the construction of a unified and fair international order for cross-border data flow.