个人信息跨境监管背景下在线纠纷解决方式的发展困境与出路——以软法为路径

The Problem and Solution of Online Dispute Resolution under the Background of Personal Information Protection Cross-Border Supervision——Through the Perspective of Soft Law

个人信息跨境监管力度的加强,使得在线纠纷解决方式的私法属性被撼动并影响其私密性、效率性和全球性,从而陷入困境。该困境本质上来自于在线纠纷解决方式所依靠的个人信息跨境流动与各国信息监管权的对立。当前逆全球化再度来袭,依靠条约等硬法解决该困境希望渺茫。长期的实践表明,软法对个人信息跨境监管的协调具有优势。以联合国为依托建立自愿申请加中立评级的机制,通过软法引导各国立法与执法或许是化解该困境的出路。

Due to the strengthening of cross-border supervision of personal information,the private law attribute of online dispute resolution has been shaken and its privacy,efficiency and globality have been affected,thus falling into a dilemma.This dilemma essentially comes from the contradiction between the cross-border flow of personal information on which online dispute resolution relies and the right of information supervision in various countries.At present,counter-globalization is coming again,and there is little hope of resolving this dilemma by hard law such as treaties.Long-term practice shows that soft law has advantages in coordinating cross-border supervision of personal information.Building a mechanism of voluntary application and neutral rating on the basis of the United Nations and guiding the legislation and law enforcement of countries through soft law may be the way out to solve this dilemma.