National Security Exception Clause Governing Cross-Border Data Flows:Check and Balance,Boundaries,and Construction
Cross-border data flows are an important link and factor in the devel-opment of digital free trade.Regulating such flows has received close attention in recent digital trade agreements.At the global level,cross-border data flows are faced with a theoretical dispute between data sovereignty and data freedom,which centers on the potential impacts cross-bor-der data flows could have on a country's national security.Such a dispute is reflect-ed in the attitudes of different countries toward the national security exception clause during the negotiations of interna-tional agreements.The dispute on whether the security exception clause should be treated as self-judging matters has given birth to three legislative models:the Comprehensive and Progressive Agree-ment for Trans-Pacific Partnership negoti-ations represented by the United States that do not advocate a security exception clause;the digital trade negotiations represented by the Regional Comprehen-sive Economic Partnership that propose limitations on the self-judging nature of the national security exception clause;and suggestions by other countries that the traditional form of WTO security excep-tion clause should be maintained.With a view to safeguarding national security and promoting digital free trade,China should adopt a cautious attitude toward the self-judging nature of the national security exception while maintaining the existence of such a clause,and promote a paradigm shift in a gradual manner.
national security excep-tional clauseself-judging clausecross-bor-der data flowgood faith principle
万方数据
