The regulatory approaches of the EU and the US in the realm of personal data remain to be studied.This article analyzes regulatory approaches of the two digital economy giants from a comparative perspective.It finds t...The regulatory approaches of the EU and the US in the realm of personal data remain to be studied.This article analyzes regulatory approaches of the two digital economy giants from a comparative perspective.It finds that even though huge divergences exist in the substantive rules of personal data protection between the EU and the US,they share the de facto common strategies that have been applied to the regulation.In particular,the regulation focus of personal data has been shifted to the internal data protection systems of private sectors.For regulators,collaborative governance and contextual approaches are the preference in comparison with traditional top-down regulation.On this basis,this article analyzes the current regulatory approaches of the EU and the US.As articulated by Ari Ezra Waldman,the shift of regulatory approaches can be categorized as a“second wave of privacy law.”This article also points out the potential pitfalls the current approaches may fall into.展开更多
Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digi...Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digital trade negotiations could not accommodate these challenges,China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system,including control system for overseas transfer of important data,system of crossborder provision of personal information,and system of cross-border data request for justice and enforcement.To explore a global regulatory framework for cross-border data flows,legitimate and controllable cross-border data flows should be promoted,supervision should be categorized based on risk concerned,and the rule of law should be coordinated at home and abroad to promote system compatibility.To this end,the key is to build a compatible regulatory framework,which includes clarifying the scope of important data to define the“Negative List”for preventing national security risks,improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure,and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.展开更多
文摘The regulatory approaches of the EU and the US in the realm of personal data remain to be studied.This article analyzes regulatory approaches of the two digital economy giants from a comparative perspective.It finds that even though huge divergences exist in the substantive rules of personal data protection between the EU and the US,they share the de facto common strategies that have been applied to the regulation.In particular,the regulation focus of personal data has been shifted to the internal data protection systems of private sectors.For regulators,collaborative governance and contextual approaches are the preference in comparison with traditional top-down regulation.On this basis,this article analyzes the current regulatory approaches of the EU and the US.As articulated by Ari Ezra Waldman,the shift of regulatory approaches can be categorized as a“second wave of privacy law.”This article also points out the potential pitfalls the current approaches may fall into.
基金This article is funded by National Social Science Foundation’s general project“Theoretical and Practical Research on International Criminal Judicial Assistance in Combating Cybercrime”(Project No.:19BFX073)National Social Science Foundation’s major project“Translation,Research and Database Construction of Cyberspace Policies and Regulations”(Project No.:20&ZD179).
文摘Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digital trade negotiations could not accommodate these challenges,China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system,including control system for overseas transfer of important data,system of crossborder provision of personal information,and system of cross-border data request for justice and enforcement.To explore a global regulatory framework for cross-border data flows,legitimate and controllable cross-border data flows should be promoted,supervision should be categorized based on risk concerned,and the rule of law should be coordinated at home and abroad to promote system compatibility.To this end,the key is to build a compatible regulatory framework,which includes clarifying the scope of important data to define the“Negative List”for preventing national security risks,improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure,and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.
