论我国个人数据跨境流动规制的完善路径

The Improvement Path of the Regulation of Cross-Border Flow of Personal Data in China

摘要: 随着数字经济时代的到来，个人数据的跨境流动成为数字经济发展的重要驱动力，为世界各国带来巨大经济利益和价值的同时，也包含威胁个人隐私和国家安全的风险隐患。为保障个人数据有序可控的跨境流动，更好地享受数字经济红利，欧盟、美国两大经济体均构建出符合自身利益诉求的个人数据跨境流动规制模式。目前，我国个人数据跨界流动法律规制体系仍存在立法理念保守、制度设计欠缺合理性、缺乏国际合作参与等方面局限，鉴于此，通过借鉴欧美规制模式的独特经验，提出未来我国应逐步转变个人数据跨境的立法理念，优化和完善有关数据出境的法律规定和管理制度，积极参与数据跨境流动的多边合作，努力实现与国际规则的衔接，从而使我国个人数据跨境流动规制体系运行更为科学化、规范化。

Abstract: With the advent of the digital economy, the cross-border flow of personal data has become an important driving force for the development of the digital economy, which has brought huge economic benefits and value to countries around the world, but also contains risks that threaten personal privacy and national security. In order to ensure the orderly and controllable cross-border flow of personal data and better enjoy the dividends of the digital economy, both the EU and the US economies have constructed a mode of regulation of cross-border flow of personal data that meets their own interests. At present, China’s legal regulatory system for cross-border flow of personal data still exists limitations such as conservative legislative concept, lack of rationality in system design, and lack of participation in international cooperation, etc. In view of this, by drawing on the unique experience of the European and American regulatory models, it is proposed that in the future, China should gradually change the concept of cross-border legislation on personal data, optimize and improve the legal provisions and management system of the relevant data exit, actively participate in the cross-border flow of data, and actively participate in multilateral cooperation, and strive to achieve convergence with international rules, so as to make the operation of China’s personal data cross-border flow regulation system more scientific and standardized.