On The Legal Protection Of Personal Information In My Country's Cross-border Data Flow

The term trans-border data flow is derived from the Organization for Economic and Development(OECD),which means the transfer of personal data across borders.The legal protection of personal information in trans-border data flow refers to the issue of how to protect personal information through legal protection under the phenomenon of trans-border data flow.In recent years,with the increasing emphasis on the protection of personal information in China,the protection of personal information in cross-border data flows has also become the subject of academic research.Although academic research has begun to deepen,China's legislative practice is still in its infancy.From 2017 to 2019,the promulgation of laws and regulations such as the Cyber Security Law,the Electronic Commerce Law successively established relevant systems for the phenomenon of trans-border data flow and the protection of personal information.However,from the perspective of protecting personal information,there are still many shortcomings in China's personal information protection system under trans-border data flows.The main manifestations are as follows: 1.Incomplete personal information security assessment system in trans-border data flows in China;2.The imperfect classification system of personal information in the flow of international data;3.The international cooperation in the protection of personal information in trans-border data flows in China is not high.In view of the above deficiencies,perfecting and perfecting our country's relevant legislation should be the task that our country needs to solve urgently.First of all,as far as China 's personal information outbound security assessment system is concerned,although China 's “Cyber Security Law” regulates the evaluation of personal information outbound security under critical information infrastructure,how to evaluate and outbound personal information security in the field of non-critical information infrastructure There are no specific rules for the assessment.Judging from the latest "Administrative Measures for the Evaluation of Outbound Security of Personal Information(Draft for Solicitation of Comments)" issued by the State Internet Information Office,China's personal information outbound security evaluation system still has a lot of room for improvement.First,the goals of China 's personal information outbound security assessment system can be made clearer,especially with emphasis on the protection of personal information as a goal to distinguish important data outbound security assessment systems;second,China 's personal information outbound security assessment scope can be more specific,Based on the experience of extraterritorial legislation,both the country of departure and the enterprise of the outbound can be included in the scope of the current assessment according to China's actual situation,and the target audience of the assessment can be made more specific.Third,the existing legislation in China should be supplemented Free from security assessment related situations,avoiding the cumbersome administrative assessment work leading to serious consequences of trans-border flow of personal information.Secondly,with regard to the classification system for the trans-border flow of personal information in China,the problem of the classification of personal information in China is mainly due to the lack of established personal information classification standards between relevant legislation and industry norms,which is also caused by China's decentralized personal information legislation.Therefore,the uncertainty of China's personal information classification standards makes it difficult to implement the classification management of trans-border flows of personal information in China.From the current stage,on the one hand,China should legislate to improve the specific types of personal information,such as dividing personal information into general personal information and publicly available personal information,and dividing general personal information into sensitive personal information and ordinary individuals.Information;on the other hand,China should classify and manage different trans-border flows of personal information according to the level of security: according to the hierarchical mechanism of sensitive personal information greater than ordinary personal information,ordinary personal information greater than publicly available personal information,improving the efficiency of environmental data flows.Finally,for international cooperation in the trans-border flow of personal information in China,China urgently needs to increase the scope of international cooperation.However,compared with China's active trans-border commerce,China currently has fewer countries cooperating.The fundamental reason is the gap and conflict between China's personal information protection legislation and international trends.To this end,China should first improve the legislation of personal information in China.On the one hand,China should explain the data localization policy of the Cyber Security Law in the legislation to distinguish the localization requirements of personal information and important data;On the one hand,China should use the personal information protection standards advocated by international organizations to improve the level of personal information protection in China.With the international negotiations on personal information protection rules becoming more and more intensive,while improving domestic legislation,China also needs to step up participation in negotiations,grasp the right to speak in the formulation of international rules,and ultimately improve the level of international cooperation in the protection of personal information in China.