Comparative Study on the Legal Regulation of a Cross-Border Flow of Personal Data and Its Inspiration to China  

作　　者：ZHENG Weiwei 郑维炜(School of Law,Jilin University,Changchun,China;School of Law,Renmin University of China;Law and Technology Institute,Renmin University of China;Center for Cross-Border Data Transfer and Online Dispute Resolution,Renmin University of China,Beijing 100872,China)

机构地区：[1]School of Law,Jilin University,Changchun,China [2]School of Law,Renmin University of China [3]Law and Technology Institute,Renmin University of China [4]Center for Cross-Border Data Transfer and Online Dispute Resolution,Renmin University of China,Beijing 100872,China

出　　处：《Frontiers of Law in China-Selected Publications from Chinese Universities》2020年第3期280-312,共33页中国高等学校学术文摘·法学（英文版）

基　　金：This article is supported by Law and Technology Institute,Renmin University of China.All mistakes and omissions are the responsibility of the author.

摘　　要：In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands.The requirements for data protection have shown significant differences.The EU advocates localization of data and firmly restricts cross-border flow of personal data.The U.S.tends to protect personal data through industry self-regulation and government law enforcement.At the same time,these two paths also merge and supplement with each other.Based on this,China needs to learn from the legal regulatory paths of the EU and the US,respectively,to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry.In terms of domestic law,the Cybersecurity Law of the People's Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law;the industry self-discipline guidelines should be established;and various types of cross-border data need to be classified and supervised.In terms of international law,it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral,multilateral agreements,and international treaties on the cross-border flow of personal data.

关 键 词：cross-border flow personal data legal regulation data sovereignty industry self-regulation key information infrastructure 

分 类 号：F42[经济管理—产业经济]