数据跨境流动的欧美政策演进及启示OA北大核心CHSSCDCSSCI

Based on the perspective of balancing data protection and digital economy development,this paper studies the cross-border flow of personal data.First,the relevant literature is reviewed.The cross-border data flow can promote the development of the digital economy and even the macro economy,while limiting the data flow can bring negative effects to the macro and micro economy.On the other hand,the concept that data localization helps to ensure the security of domestic data has been questioned and refuted.Theoretical research tends to support the cross-border flow of data.Cross-border data flow policies in the EU and the U.S.are then examined.The EU has always emphasized and adhered to the strict protection of personal da-ta,which obviously inhibits the cross-border flow of data and the development of digital economy.However,the EU's position has not changed,and the EU attaches more importance to the high standard protection of data privacy.The United States attaches more importance to the development of the digital economy and advocates moderate privacy protection.Finally,several suggestions are made.China's national conditions have their own charac-teristics,so it is not suitable to copy the data system of the European Union.The data protection level can be appropriately reduced on the basis of ref-erence to GDPR.Gradually relaxing data protection and facilitating the cross-border flow of data should continue to be the focus of China's data policy adjustment in the future.China can also choose to join the CBPR system of APEC to promote the cross-border data flow and the development of digital economy under the framework of moderate privacy protection.In China's data cooperation with other countries,government agencies of one party may obtain personal information about citizens of the other party for national security purposes,which should meet the requirements of"necessity"and"proper proportion".