Domestic Regulatory Pathways and Systematic Improvement of Outbound Personal Information Transfer
The large-scale cross-border transmission of digital personal information has intensified the risks of harm to individual rights,public interests,and national security interests.The international community has not yet reached unified legal standards to address this issue.To maintain national data sovereignty,promote the develop-ment of the data industry,and ensure personal information security,countries have chosen to regulate the outbound personal information transfer through domestic laws and regulations,whether by national special legislation,unified legislation of the union,or national decentralized legislation.China's national special legislation created a two-track regulation mechanisms of"hard"and"soft",taking three regulation methods:security assessment,protec-tion certification,and standard contract.However,regulations do provide that the two tracks overlap.And the pub-lic-private regulation has not yet been formed,which hinders the safe transmission of personal information.To pro-mote the domestic rule of law and foreign-related rule of law,China should adopt a systematic approach to fortify the regulatory system for outbound personal information transfer.This involves leveraging the synergy of the public-private system in terms of the subject,strengthening the balance of the offensive and defensive system from a regu-latory perspective,and enhancing the interaction between the internal and external systems concerning space.All these efforts aim to contribute Chinese wisdom to the establishment of a multilateral consensus on the cross-border regulation of personal information.
foreign-related rule of lawstate regulationcross-border data flowoutbound personal informa-tion transfersystematic perspective
万方数据
维普
