On the Regulation of Cyber Espionage in Cross-Border Data Flows——From the Perspective of Cross-Border Data Flows Cooperation Between European Union and the United States
The two failures in cross-border data flows cooperation between European Union and the United States were based on the EU's concerns about the new type of cyber espionage in the United States.However,international law lacks effec-tive regulation of cyber espionage,and EU law also faces reasoning dilemmas and many criticisms when dealing with cyber es-pionage issues.The problem of overseas intelligence agencies obtaining data from overseas enterprises revealed by the two failed cross-border data flows cooperation in EU and the United States has a warning effect on our country.China also faces some problems,including the law fails to clearly restrict the behavior of overseas agencies in accessing data from overseas enterpri-ses;the threshold for pursuing the legal responsibility of foreign agencies is relatively high;and the pursuit of legal liability of overseas entities faces obstacles such as enforcement and state immunity.At the level of international law,China may consider restricting intelligence agencies'access to information in international treaties,promoting our data classification and grading protection method in international negotiations,while paying special attention to the protection of national security data,and gradually promoting the application of international law in regulating cyber espionage.At the legal level of domestic law,China can clearly regulate the new type of cyber espionage through legislation,rationally interpret national security in judicial prac-tice,and adopt export control and counter-sanctions measures to punish cyber espionage.
cross-border data flowcyber espionage regulationdata protection
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