美欧用户信息跨境流动政策走向预判

The Prediction of Cross-Border Flow of User Data between European Union and the United States

近日,美欧用户信息跨境流动成为用户隐私保护领域全球关注的焦点。于2015年10月引起广泛讨论的"安全港"事件只是缩影,其背后反映了美欧用户隐私保护法律体系和政策间难以弥合的裂痕。如何求同存异,重建双方互信关系,构建新的数据跨境传输框架协议,是美欧双方亟待解决的难题。本文通过分析美欧近年来在用户隐私保护方面的立法动态和跨境数据流动方面双方分歧的深层次原因,尝试预判后"安全港"时代美欧数据跨境传输的政策走向。

Recently, the cross-border flow of user data between European Union and the United States become a hot issue in the field of user privacy protection all over the world.＂Safe Harbor＂agreement, which was widely discussed in October 2015, is an epitome, reflecting the big divarication about the legal and policy system of privacy protection between EU and USA. It is the top mission that how to share a common interest while reserving differences, rebuild mutual trust between the two sides,construct a new cross-border transmission framework of user data, both for EU and USA. In this paper, by analyzing privacy protection legislation of the United States and Europe in recent years and the ultimate reasons of the difference attitudes hold by the two sides in cross-border data flow, the authors tried to predict the future policy of cross-border transmission of user data between the sides after＂Safe Harbor＂era.