Research on EU Legal Regulation of Cross Border Flows of Personal Data and Its Enlightenment to China
American Journal of Applied Scientific Research
Volume 6, Issue 2, June 2020, Pages: 30-38
Received: Feb. 20, 2020; Accepted: Mar. 9, 2020; Published: Apr. 23, 2020
Views 357      Downloads 203
Authors
Dong Jingbo, Faculty of International Law, China University of Political Science and Law, Beijing, China
Xiao Fei, Faculty of International Law, China University of Political Science and Law, Beijing, China
Article Tools
Follow on us
Abstract
With the development of economic globalization and information globalization, the cross border flow of personal data has brought some challenges to national security and the privacy of data subjects, so it is necessary to regulate it. This paper mainly studies the legal system of regulating the cross border flow of personal data in the European Union. The rules for cross border transmission of data in GDRP provide for the specific circumstances in which personal data are transmitted to third countries or international organizations within its territory, limiting, to a certain extent, the cross border flow of personal data while protecting personal data. It has a far-reaching influence on the construction of the relevant legal system in many countries and regions. In addition, the EU-U.S Privacy Shield Framework also provides a new way to regulate the cross border flow of personal data. Through the analysis of EU's legal rules on cross border flow of personal data, some suggestions are put forward for China to regulate in this field: firstly, the legislation on cross border flow of personal data should be perfected to enhance the operability of the law; Secondly, we can strengthen international cooperation and actively participate in the formulation of international rules for cross border flow of personal data.
Keywords
Regulating Cross-Border Data Flows, GDPR, EU-U.S Privacy Shield Framework
To cite this article
Dong Jingbo, Xiao Fei, Research on EU Legal Regulation of Cross Border Flows of Personal Data and Its Enlightenment to China, American Journal of Applied Scientific Research. Special Issue: Science and Law (Review of Several Issues of Contemporary Science and Technology Law). Vol. 6, No. 2, 2020, pp. 30-38. doi: 10.11648/j.ajasr.20200602.11
Copyright
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
[1]
UNCTAD. The value and role of data in electronic commerce and the digital economy and its implications for inclusive trade and development, third session, Geneva, 2019. P11.
[2]
James Manyika, Jacques Bughin, Jonathan Woetzel. The New Era of Global Flows, McKinsey Global Institute, 2016.
[3]
Anupam Chander. Data Nationalism. Emory Law Journal, 2015, 64: 677-740.
[4]
Xu Duoqi. The International Pattern of Cross-border Movement Regulation of Personal Data and China's Response to it, Legal Forum, Vol 3, 2008, pp. 130-137.
[5]
Article 25 of Directive 95/46/EC.
[6]
Article 26 of Directive 95/46/EC.
[7]
Van Alsenoy, Brendan. Liability under EU Data Protection Law: From Directive 95/46 to theGeneral Data Protection Regulation, Journal of Intellectual Property, Information Technology and Electronic Commerce Law, Vol 3, 2016, p. 271.
[8]
Arcticle 45 of General Data Protection Regulation.
[9]
Arcticle 46 of General Data Protection Regulation.
[10]
Wang Rui. Main Content and Impact Analysis of EU General Data Protection Regulation, Financial Accounting, Vol 8, 2018, pp. 17-26.
[11]
Gong Yongqin, Wang Jian. A study on the rules of cross-border movement of APEC and EU personal data, Asia-pacific Economic Review, Vol 5, 2015, pp. 9-13.
[12]
Wang Rong. The Big Data Age: Data Protection and Flow Rules, Beijing: Posts and Telecom Press, 2018.
[13]
Arcticle 49 of General Data Protection Regulation.
[14]
JD Law Institute. Comments and Practice Directions of the General Data Protection Ordinance, Beijing: Law Pree, 2018.
[15]
Christopher Kuner. European Data Protection Act, Beijing: Law Press, 2008.
[16]
Liu Biqi. A Review of U.S.-European Private Shield Agreement, Chinese Review of International Law, Vol 6, 2016, pp. 35-47.
[17]
Hu Wei. The Value Orientation of Cross-border Data Flow Legislation and's Choice, Journal of Social Sciences, Vol 4, 2018, pp. 95-102.
[18]
Maximillian Schrems v. Data Protection Commissioner, Case C-362/14. Judgment of the Court (Grand Chamber) of 6 October, 2015.
[19]
Schrems, Max. The Privacy Shield is a Soft Update of the Safe Harbor, European Data Protection Law Review, Vol 2, 2016, pp. 148-150.
ADDRESS
Science Publishing Group
1 Rockefeller Plaza,
10th and 11th Floors,
New York, NY 10020
U.S.A.
Tel: (001)347-983-5186