BALANCE OF EFFICIENCY AND SECURITY: IMPROVEMENT OF CHINA'S PERSONAL INFORMATION EXIT COMPLIANCE PATH

Abstract

The cross-border flow of personal information is the inevitable requirement of the development of Internet technology and global data exchange. Today, cross-border data flows are an important component of international trade and an element of digital service models. However, they are impeded by restrictions on cross-border personal data transfers and data localization legislation (W. Gregory Voss, 2020). At present, China's personal information exit compliance path mainly includes security assessment, standard contract, and professional certification and so on. These compliance paths correspond to different exit situations of personal information, which not only reflect the will of the state supervision, but also guarantee the autonomy of the personal information processor in managing the exit business activities, it plays an important role in promoting the orderly flow of personal information in accordance with the law, but there are still some problems, such as unclear applicable standards, lack of connection with international rules and insufficient autonomy of industry supervision, etc., the system design is biased towards the needs of national security and public interest, neglecting the efficiency improvement of cross-border flow of personal information. Therefore, this article will take the personal information exit facing the risk and the supervision necessity as the breakthrough point, through the analysis related to China's personal information exit regulation legal provisions and normative documents, from the perspective of efficiency and security, this paper evaluates the three compliance paths of personal information exit, and puts forward some suggestions on how to improve the balance between efficiency and security of China's compliance path of personal information exit.