Under the digital economy,main countries around the world are upgrading the rules of personal information protection and cross-border data flow.The Digital Economy Partnership Agreement(DEPA)requires member states to find a reasonable balance between free cross-border flow and protection of personal information,thereby creating a unified cooperation mechanism for the protection and supervision of cross-border flow of personal information.Under the back-ground of Chinese path to modernization in foreign-related rule of law,China is pushing forward the negotiation of acces-sion to DEPA,but there are disparities between the rules of domestic law on the cross-border flow of personal data infor-mation and DEPA rules in terms of legislative goals,purposes and restrictive criteria.In order to improve consistency be-tween our domestic law and DEPA rules on the cross-border flow of personal information to facilitate the development of digital trade,the following aspects can be considered:exceptions can be invoked in a reasonable and feasible manner to safeguard national sovereignty and interests,the trusted identity and its certification mechanism for the protection of person-al information should be improved,the scope of strictly protected personal information should be clarified,and cooperation and exchanges with DEPA member states on the protection and supervision of cross-border flows of personal information shall be advanced.
关键词
个人信息/跨境流动规则/中国法调适/中国式涉外法治现代化
Key words
personal information/rules on cross-border flows/accommodation of Chinese law/Chinese path to modernization in foreign-related rule of law
维普
万方数据