On The International Legal System Of The Cross-border Flow Of Personal Data And Its Response In China

At present,the legal regulation of the cross-border flow of personal data is faced with many difficulties,such as the data localization measures may violate the principle of trade liberalization,the bilateral and multilateral rules are too framed,the international regulation system is divided,the jurisdiction conflict and so on,which hinders the cross-border flow of personal data,resulting in the poor efficiency of data transmission.In fact,the reason for the above dilemma is that the two regulatory camps headed by the United States and the European Union hold different attitudes towards the regulatory concept of the cross-border flow of personal data.Based on the historical tradition of protecting human rights and the weak digital competitiveness,the European Union advocates that the protection of personal data is more important than free movement.On the other hand,the United States pays more attention to the free flow and utilization of data based on the development advantages of its Internet enterprises and the pursuit of economic benefits.However,with the continuous spread of global digital connections,personal data began to infiltrate all areas of the economy,especially after the outbreak of COVID-19 caused a global pandemic,most countries restricted the entry and exit of people,promoting the transition of enterprises,governments,education,health,trade and the public to online activities.The cross-border flow of personal data has become the pillar of many digital service models and is crucial to the stable economic development of various countries.Therefore,the legal regulation of the crossborder flow of personal data has also been placed in a more prominent position.The international community should reach a consensus on the balance between the protection and use of personal data,promote countries to classify data and impose restrictions on data allowed to leave the country,and encourage countries to improve the interpretation of the legal exception of TPP by means of consultation to limit its scope of application so as to avoid trade protectionism.China urgently needs to take measures to deal with "digital geopolitics" and compete for the active position of competition.On the premise of adhering to the principles of informed consent,classified response,data retention,industry selfdiscipline and government supervision,we should improve the domestic personal data protection law and set up specific data protection agencies.By actively participating in the negotiation of international agreements on the cross-border flow of personal data and multilateral agreements such as e-commerce JSI,we will enhance China’s international voice in the regulation of cross-border flow of personal data.And try to push China’s personal data cross-border flow regulation system to the countries along "Belt and Road Initiative" to enhance the initiative of regulation and enhance the extraterritorial jurisdiction level of data sovereignty to deal with jurisdiction conflicts.Thus,we can tap the unlimited potential of data and give full play to the role of digital elements in the economic development of various countries in the era of big data.