Legal Regulation And Path Selection Of Cross-border Transmission Of Personal Data In My Countr

With the rapid development of Internet,especially e-commerce,user registration information,order data,logistics information and payment information containing a large amount of personal data flow into foreign countries.In order to protect the personal information rights of citizens,many countries regulate the cross-border transmission of personal data in the form of domestic legislation.Although China pays more attention to relevant concepts,in recent years,industries involving a large number of personal data transmission,such as cross-border e-commerce,have shown explosive growth in both user registration and transaction volume.However,due to the backwardness of personal data protection legislation and the lack of regulation in related industries for a long time,the right of personal information in cross-border data needs to be paid attention to.Of course,this does not mean that the protection of personal information in cross-border data transmission can be solved only through a series of legislation.The cross-border flow of data occurs between two or more regions,and the relevant policies formulated by various countries are very different from the legislative spirit behind them.For example,from the perspective of regulatory attitude,the EU strictly restricts the cross-border data flow,while the United States promotes the cross-border free flow of data through a variety of ways and means in an attempt to seize the commanding heights of global data;From the perspective of traditional legislation,the United States has always regarded the right to protect data as an important form of freedom,while the European Union has always tended to restrict it in the form of human rights.This paper mainly uses the comparative method to study from three aspects: the first part combs the necessity of personal data protection and the current relevant provisions in China,and puts forward the deficiencies of the relevant provisions in China;The second part mainly makes a horizontal and vertical comparative study on the relevant regulations,the legislative spirit behind and the development and changes of policies in the European Union and the United States,and analyzes what they can be used for reference;The third part,combined with the comparative law research in the second part,puts forward some suggestions on the value orientation and regulation mode of China's relevant legislation.The author believes that the choice of mode not only includes the determination of a regulation value orientation or a regulation spirit,but also should choose an appropriate way to regulate the cross-border flow of data.In terms of data protection and international cooperation,it is necessary for China to establish a clear way to protect and supplement the data.At the same time,it is necessary to establish a multi-level evaluation system on the basis of the principle of data protection and multi-level development.If we want to use the data as the main body of international cooperation,it is necessary to establish a clear way to protect and supplement the data.