Construction of China's Personal Information Cross-border flow System from the Perspective of RCEP
Cross-border personal information flow is special compared with domestic per-sonal information flow.From the perspective of the current situation of RCEP implementation,there is a situation in which multiple personal information protection rules are coexisting in digital trade,which aggravating the"institutional conflict";the game between major countries aggra-vates the complexity of personal information cross-border rules;there is a problem of insufficient trust among countries in the process of cross-border personal information governance.In the do-mestic aspect,there are conflicts between the current legal rules of cross-border flow of personal information in China;lack of attention to private law protection mechanism;lack of industry self-discipline mechanism;the relevant judicial protection mechanism needed to be improved ur-gently,which it cannot provide sufficient institutional supply for cross-border personal informa-tion flow.The free trade zone determined by RCEP is the largest free trade zone in the world,and the cross-border flow of personal information is very frequent.Based on the spirit of the Third Plenary Session of the 20th Central Committee of the Communist Party of China,this paper,from the perspective of RCEP,actively participates in the formulation of cross-border global rules for personal information from two aspects,internationally,enhancing the extraterritorial application of the Personal Information Protection Law;Domestically,in the case of the country's overall management of personal information cross-border business,it is necessary to improve the rele-vant systems from the aspects of improving domestic legislation,developing third-party certifica-tion agencies,clarifying the legal responsibilities of overseas data recipients,and improving the judicial protection system for the cross-border flow of personal information,and exploring the construction of China's personal information cross-border flow system.
RCEPcross-border flow of personal informationmechanism researchlegal liabilityjudicial protection
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