Research on the Legal Protection of Cross-Border Personal Information Flow under the Holistic View of National Security

Abstract

The cross-border flow and commercial utilization of personal data are central to the globalization of the digital economy. The concept of "cross-border data flow" first appeared in the Organisation for Economic Co-operation and Development (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data in 1980, which initially applied solely to personal data. Since the 21st century, the cross-border flow of data has facilitated global economic integration and innovation, strengthening international collaboration and information sharing. While generating numerous positive effects, cross-border data flow has increasingly complex implications for national security and individual privacy. The need to safeguard national data sovereignty and protect the personal privacy of citizens is paramount, as individuals face heightened risks of personal information leakage and misuse. Furthermore, differing legal and regulatory frameworks concerning personal data across various countries and regions pose legal risks and compliance challenges for cross-border data flows, thereby impacting the protection and security of personal information. In addition, cross-border data flows have given rise to global data security issues that necessitate international cooperation and coordination to address.