| Since the invention of information technology in the last century,various technologies related to information have shown a blowout development trend,and the most important throughout them are "end" and "channel",as well as information as content data.Data information is very useful in the fields of the Internet,big data,cloud computing,blockchain,and the metaverse that has been hotly discussed recently.Due to the smoothness of data information,the fluidity of technology platforms,and the economic attributes of data and information resources,data and information will inevitably be subject to the risks of restricted management and control,theft and misuse,illegal storage,tampering and utilization,and relocation,especially for personal data privacy.Create immeasurable risks.And because there are factors that affect national security after the data information has reached an order of magnitude,countries have strengthened the control over the cross-border transmission of data and information in various ways in the past decade.Today,data information has become an indispensable resource for the operation,development,update and iteration of major industries.However,in view of the protection of personal data privacy or the needs of national security and industrial development,countries will take more or less,or Light or dark limits.These restrictions may constitute disguised trade barriers,have a protective effect,conflict with trade rules,and create trade disputes between countries.Restrictions on the flow of data and information are not absolute,they need to comply with the obligatory treatment of relevant international trade rules,and for factors such as personal privacy protection,national security,public interests,etc.,relevant countries can take exemptions from restrictive measures.The WTO trade rules are still the most influential trade rules and are suitable for dealing with disputes arising therefrom.Recently,the e-commerce part of some multilateral or regional trade agreements has adopted different strategies for cross-border data flow and data protection,which may lead to fragmentation of data service trade rules.In addition,the operation of data flow management rules of some international organizations is also unclear.,OECD Privacy Guidelines and APEC Privacy Framework are both recommended guidelines,TPP,TTIP and TISA put aside disputes on cross-border data transfer,and the“required” measures mentioned in CPTPP to achieve public policy goals It is also unclear whether the “necessity test” in WTO case law and GATS has been adopted.Therefore,in this case,returning to GATS may have basically become a foregone conclusion.Therefore,this paper intends to analyze the compliance of data flow restriction measures based on privacy protection with GATS rules.First,combine various situations of data flow measures based on privacy protection with GATS national treatment,most-favored-nation treatment and other obligations and specific commitments to analyze,Check its compliance,and make an empirical investigation and analysis under the GATS framework with the most representative cross-border flow restriction rule of personal data-the adequacy assessment mechanism of the European Union.Thirdly,combined with the characteristics of personal data privacy,the data flow restriction measures based on privacy protection are placed under the general exceptions of GATS to explore their rationality and what obstacles exist,and make an empirical investigation and analysis with the EU adequacy assessment mechanism.Finally,combined with the latest legislation in my country,including the Personal Information Protection Law,the Data Security Law,and the Regulations on the Administration of Network Data Security(Draft for Comments),this summarizes my country’s restrictions on personal data information and privacy leaving the country—“ 1+4+1” model,and place it in the GATS obligation clauses and my country’s specific commitments to analyze its compliance risks.And make a hypothetical analysis on the application of my country’s restriction model under the general exception clause of GATS,and put forward suggestions on the existing transmission rules and specific supporting measures for this restriction measure to comply with GATS regulations. |
