Research On The Regulation Of Cross-Border Flow Of Personal Data In International Law

Cross-border flow of data has been and will continue to be a key driving force for the development of the world economy,and the development of e-commerce and information technology has also significantly promoted the growth of the volume and demand for cross-border flow of personal data.However,there is no unified regulatory system in the world,which poses many obstacles to the cross-border flow of personal data.The restrictions adopted by some countries are regarded as new international trade barriers.The development process of digital economy in different countries and the divergence and conflict in the legislative idea of personal data protection in major countries in the world,the policy of restricting or forbidding the external supply of local personal data in some countries have seriously hindered the free development of international trade.Because the regulation of data cross-border flow involves two or more countries,international cooperation should be the only way.There are three main regulatory models for cross-border data flows in the world:one is bilateral,based on negotiations between countries to build cross-border data flow agreements;the other is regional,countries in a given region have reached consensus on cross-border data flows and established regional mechanisms for cross-border data flows,the establishment of a legal regime for the cross-border movement of data that can be applied to multiple countries,coordinated by international organizations,or the conclusion of multilateral agreements on the cross-border movement of data by multiple countries.Regardless of the regulatory model,there is always a value conflict between the free flow of data and protection.At the same time,the operation of legal regulation of data cross-border flow is also faced with difficulties caused by value orientation,conflict of legal system and absence of regulatory agencies.The basic principle of“Technology neutrality” under the framework of WTO in the past is not enough to solve the new problems in the era of digital economy,based on the CPTPP,which pioneered a new model of addressing data flows through regional trade agreements,the USMCA modified some of its rules to make them more conducive to the free flow of data and to reduce localisation measures.RCEP provides a new solution to the cross-border flow of data through international agreements.In order to adapt to the development of digital trade era,WTO restarted plurilateral negotiations on e-commerce in 2019,and conducted a new round of negotiations on international trade issues,including the cross-border flow of personal data.The differences of paths,demands and core issues among the participants of WTO e-commerce plurilateral negotiations are,in the final analysis,the differences of rules and standards.The current practice of exploring international rules for the cross-border movement of personal data has developed some approaches conducive to reaching the broadest level of consensus.In the face of the trend of convergence of legislative ideas in various countries,the global rules on the cross-border movement of personal data should take into account the dual values of information security and free flow of data,and follow the development path from shallow level to high standard,promoting international economic cooperation while safeguarding national data sovereignty and encouraging countries to make commitments to different standards based on the level of development of digital trade,member States adopt organizational-oriented criteria when assessing the level of data protection in other countries.As far as our country is concerned,first of all,we must solve the problem of“Have”,strengthen the domestic legislation of data protection and the related implementing documents,and accelerate the formation of a coordinated and flexible regulatory framework with Chinese characteristics.Secondly,we must focus on“Use”,adhere to the overall concept of national security to strengthen data classification protection measures,and promote the practice of security exception principle in this field.Third,we should pay close attention to the“Useful” and the historical node where the developed countries have a relatively divided voice,and actively participate in the construction of international rules for the cross-border flow of personal data in the context of digital trade,the gradual implementation of international regulations is conducive to the integration of our country’s position and views towards the“Use well”of the direction of development and ultimately achieve a“Well use” of the good situation.