Jurisdictional conflicts and coordination in cross-border data flow
In the digital economy era,countries are leveraging legislation to unilaterally expand their extraterritorial juris-dictions over cross-border data flows to serve national interests.Consequently,the exercise of jurisdiction is imperiled by potential conflicts with other countries'asserted jurisdictions.The development of cloud computing technologies and the attendant deterritorialization of data pose challenges to the direct application of traditional jurisdictional theories in the da-ta domain.Accordingly,jurisdictional conflicts in data flow can be systematically examined from the legislative,judicial and enforcement perspectives.Firstly,in terms of data legislation models,the divergence between data globalization and data localization implicitly contains the risk of comprehensively jurisdictional conflicts.Secondly,the relaxation of con-sensus on extraterritorial jurisdiction beyond data domains determines the limitations in reconciling the principles of inter-national comity and forum non conveniens in conflicts related to data jurisdiction.This relaxation is accompanied by in-herent disparities in national data jurisdiction capabilities.Finally,in the realm of extraterritorial enforcement jurisdiction in the datasphere,the diversity arising from the flow of data across domestic and international boundaries poses challenges to the effective application of treaty mechanisms.Nations are progressively transcending conventional extraterri-torial prerogatives,pursuing the global application of domestic legislation through law enforcement agencies,and demon-strating a trend towards the"long-arm"extension of data law enforcement jurisdiction.While there have been relevant scholarly theories and international practices,this facet has not presented a comprehensive response or outlined specific strategies for managing the jurisdictional conflicts inherent in the dynamics of data flow.Therefore,it is necessary to fur-ther consider the inherent characteristics of cross-border data flow to make relative adjustments and restrict the scope of extraterritorial legislation.Based on the principle of territorial sovereignty,the rules of territorial jurisdiction are reshaped.Also,nations should be motivated to proactively institute cross-border data retrieval mechanisms as an effica-cious coordination pathway for jurisdictional conflicts.
cross-border data flowdata jurisdictionjurisdictional conflictsextraterritorial jurisdiction
万方数据
维普
