Zhang Jinping, an associate professor at the School of Law of the Central University of Finance and Economics: China's data cross -border flow regulatory rules have achieved wide strictness

Cover reporter Ma Mengfei

"The topic I want to share with you today is the international perspective of" China Data Cross -border Rules in the formulation and implementation ". The reason why we choose this topic is because we always face some international prejudices." September 26 At the 2022CCS Chengdu Cyber ​​Security Conference and Data Governance Summit, Zhang Jinping, an associate professor of the School of Law of the Central University of Finance and Economics, delivered a keynote speech.

Zhang Jinping mentioned that a foreign research institution summarized the global data cross -border regulatory rules last year, divided the rules of various countries into three modes, open flow modes, conditional flow mode and restrictions, and then attributed China to China as Restriction of flow mode. Zhang Jinping did not recognize this classification. In this regard, he interpreted the cross -border mobile supervision of my country's data.

"At present, there is no unified international rules for cross -border flow supervision in the world." Zhang Jinping said that we know the cross -border flow rules of personal information, and there are no unified standards internationally. Write into legislation.

In terms of specific supervision, my country mainly adopts three types of regulatory tools, including security assessment, outbound certification and standard contracts. Among them, security assessment applies to the exit of important data and a certain amount of personal information or sensitive personal information. Outbound certification and standard contracts are applicable to the exit of personal information. It is worth noting that at present, the supporting rules of these regulatory tools are officially introduced in the "Evaluation Measures for Data Outbound Safety", and the relevant provisions of exit certification and standard contracts are still in draft draft or soliciting opinions.

Zhang Jinping said that the three major regulatory tools in my country are in line with the "General Agreement of Services Trade" that meets WTO. That is, the regulatory legislation of cross -border data flow is in line with the reasons for protecting privacy and personal information, public policies and national security, and can pass the necessity test, nor is it discriminatory for a country. Furthermore, in terms of supervision, the focus is on whether the data providers in my country have fulfilled the legal responsibilities required by my country's law, rather than expanding the external effects of my country's law.

"In short, under the existing international law framework, countries have a large degree of freedom of cross -border flow supervision of data, so the differences are relatively large, but it cannot be prejudiced to the regulatory system of other countries, because the actual situation of various countries is very different." Zhang Jinping Zhang Jinping. In summary, at the level of the implementation of the specific system, there is no so -called open flow mode. In fact, there are conditional flows, but some conditions are more stringent, and some are slightly loose. In the formulation and implementation of data cross -border flow regulatory rules, China has fully considered these factors, and it should be said that it has achieved broad and strictness.

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