On The Construction Of Cross-border Flow Rules For Non-personal Data In My Country

In the era of big data,data,as the core of the new economic format,conveys a continuous flow of massive resources for the big data economy.Risks and data are static,flowing,and in use.Due to various considerations such as public safety and national security,the cross-border flow of data is basically restricted,but the governance of data security has always been focused on personal data protection,and insufficient attention has been paid to the protection of non-personal data security.The protection of cross-border flow of non-personal data in China is clearly decentralized and fragmented,and there is a lack of uniform standards and rules for the cross-border flow of non-personal data.For the international community,the reference to the normative experience of cross-border flow of non-personal data is mainly based on the "Regulations on the Free Movement of Non-Personal Data"(hereinafter referred to as the "Regulations")promulgated by the European Union on November 14,2018.With the increasing demand for cross-border flows,more and more countries have formulated relevant laws and policies to conduct more stringent supervision on the cross-border flow of non-personal data other than personal data involving corporate business secrets,critical information infrastructure security,national security,etc.People's data security needs no longer depend only on the static security needs in the process of personal data protection,but also include the need for trust in non-personal data processing behavior and the need for dynamic protection during cross-border transmission.The concept of non-personal data is constantly evolving.As the key role of the B-side of data transfer in promoting the development of the digital economy,it is gradually being emphasized.At the same time,it also puts forward different regulatory requirements than personal data protection.The author believes that the rules for the cross-border flow of non-personal data need to be structured from five technical and legal levels,including the establishment of subjects and ownership,communication and consultation,risk assessment and control,review and supervision,and collaboration mechanisms.The first part should propose the first step of constructing the protection rules for the cross-border flow of non-personal data in China according to the path of data rights object ?right subject? right attribution?rights and obligations distribution.In order to provide premises and guarantees for the improvement of China's data protection legislation;the second part of the rule construction focuses on the establishment of agreement/agreement rules with non-personal data subjects and outbound data recipients,in order to enhance cross-border flows The transparency and security of the process strengthen the trust between the participants of non-personal data cross-border flow;the third part draws on the risk assessment system of personal data cross-border flow and combines the technical characteristics of non-personal data itself,from the risk Evaluation and risk control in two aspects of risk management and prevention system Construction;the fourth part focuses on the review of non-personal data cross-border flow and the construction of regulatory rules,specifically proposes from four aspects:object,scope,subject and punishment measures;finally emphasizes the importance of collaboration mechanism,in order to promote China's digital economy Development,enhance China's voice and competitiveness in the international data market,improve China's data governance system,advocate the establishment of a joint training and collaboration mechanism for big data security standardization talents,a co-construction mechanism for industry standards and platform evaluation systems,and cross-border security The collaboration mechanism of standards and legislation will be elaborated in the text.