International Regulation On Trans-border Data Flow Of Personal Data From Data Localization

The rapid development of emerging technologies such as big data and cloud computing,and the full flow of personal data between different countries and regions,have promoted the vigorous development of digital trade.At the same time,the cross-border flow of personal data is also accompanied by various risks,such as threatening national security,fostering data hegemony and violating personal privacy.To this end,countries have taken measures to strengthen the regulation of the cross-border flow of personal data,and data localization is one of the prevailing measures.However,this excessively strict regulation method has caused some obstacles to the development of the world economy,forming a disguised digital trade barrier.Therefore,at the international level,it is necessary to break the practical barriers of unreasonable data localization and actively build an international regulatory system based on the guidance of personal data security and freedom,so as to provide institutional guarantee for effectively exerting the huge value generated by the free flow of data.In this paper,we study the rules and mechanisms of the cross-border flow of personal data from the perspective of data localization.In the second part and the third part,the relevant concepts of data localization and the international regulation of personal data flow,combined with the results of Tik Tok and the European and American privacy shield,analyze the shortcomings of data localization measures to regulate the cross-border flow of personal data.Based on this,this paper proposes in the fourth part that the development direction of regulating the cross-border flow of personal data should be to construct an international unified regulatory system.On the basis of the basic principles of cross-border personal data flow regulation,this paper compares the multilateral mechanism of personal data flow,discusses the establishment of data security and freedom of cross-border international regulation and regulations,finally selected the CPTPP related rules as the basis to build international rules.Finally,the fifth part of this paper discusses the international regulation of cross-border flow of personal data and improves the future path selection in China.In the future,China needs to start from both domestic and international aspects,and actively join the CPTPP and other free trade agreements on the premise of further improving the relevant domestic legal system,so as to contribute the wisdom of eastern powers to the construction of the relevant international regulatory system.