중국의 국제무역 중 개인정보보호에 관한 연구

• 영문명: The Research on the Personal Data Protection in China s International Trade
• 발행기관: 충북대학교 법학연구소
• 저자명: 마광(MA Guang) 상익비(SANG Yifei)
• 간행물 정보: 『과학기술과 법』제11권 제2호, 61~94쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.12.30

영문 초록

When the balance of personal data, cross-border data flow and national interests has become a global consensus, China’s protection of personal data in international trade is still at the preliminary exploration stage. Through analysis of the current status of domestic legislation and foreign practices, China’s The dilemma of China’s personal data protection position is unclear, which is manifested in the conflict between data localization and data liberalization, unbalanced personal data, cross-border data flow, and conflicts between national interests, incomplete domestic governance mechanisms, and foreign trade individuals The problem of limited data protection effectiveness. Therefore, the thesis hopes to find answers to the plight of personal data protection in international trade from the legislation and external experience of the European Union and the United States. Based on the current situation in China, on the basis of drawing on the experience of the European and American models, the thesis mainly studies two goals, namely, on the one hand, it establishes the overall position of China s participation in the protection of personal data in international trade, and on the other hand, it is a better implement your ideas in international trade and provide countermeasures and suggestions. Therefore, on the macro level, China should adopt a trade-led protection strategy based on data sovereignty based on national interests, implement different standards of personal data protection measures in terms of national interests, commercial interests, and individual legal rights. Provide relevant suggestions, such as narrowing the scope of application of the “assessment method” security assessment, clarifying the specific scope of key information infrastructure, etc., and clarifying the national position in external practice, by participating in WTO rules, strengthening bilateral and multilateral cooperation, etc. China’s voice is voiced in the formulation of international rules to safeguard China’s national interests.

목차

一. 引 言

二. 国内对国际贸易中个人数据跨境流动的立法规制

三. 中国现有FTA中关于个人数据保护的实践

四. 困境：国际贸易中中国对个人数据保护立场不明确

五. 欧美立法实践与对中国的借鉴

六. 中国对国际贸易中个人数据保护的应对方案

키워드

국제무역 개인정보보호 국경 간 데이터 이동 데이터 현지화 개인정보 International Trade Personal Data Protection Cross-Border Data Flow Data Localization Personal information