China’s Security Assessment Measures for Outbound Data Transfers
* 본 문서는 배포용으로 복사 및 편집이 불가합니다.
서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : Journal of East Asia and International Law / 16권 / 2호
ㆍ저자명 : Junchao Liu
ㆍ저자명 : Junchao Liu
목차
I. IntroductionII. Main Restrictive Measures in SAMODT
A. Vaguely defined “Critical Data” as an Unexpectable Trigger Point
B. Risk Self-Assessment Imposing Excessive Burden on Data Exporters
C. Lengthy Procedures Only Yielding a Superficial AssessmentReport
III. Prima Facie Violation and Justification under CPTPP
A. Prima Facie Violation of Article 14.11(2)
B. Justification under Article 14.11(3)
C. Justification under Article 29.2 of CPTPP
IV. Lessons
A. Clarifying the Concept and Coverage of Critical Data
B. Improving the Rationality of Risk Self-Assessment
V. Conclusion
영어 초록
Recently, China has published the “Security Assessment Measures for Outbound Data Transfers,” a crucial regulation on outbound data flows. This regulation contains strong national security considerations and produces independent and direct legal effects compared with other assessment systems in China’s laws. However, there is a possibility that conflict arises between these measures and the international commitments made by China due to the ambiguity in how "critical data" is defined, the excessive emphasis placed on self-risk assessment, and the arbitrary extension of procedures. Particularly, with China's current application to join the CPTPP, the restrictive measures of its cross-border data flow may appear to violate the obligation of CPTPP, but may be justified through CPTPP’s exception clauses. In light of this, it is necessary for China to adopt a more modest approach to balancing data security with the effort made to promote the flow of cross-border data.참고 자료
없음"Journal of East Asia and International Law"의 다른 논문
Privacy Protection in the Context of CBDC: Development ..22페이지
Regulating Cyber Security of Maritime Autonomous Surfac..18페이지
Toward an International Law of Just AI Development16페이지
Legal Issues in Designing DeFi Regulation18페이지
Environmental Provisions in ASEAN Investment Agreements..20페이지
Nexus between Biodiversity beyond National Jurisdiction..18페이지
Legal Protection of Internally Displaced Persons due to..24페이지
Responsibility to Rescue Refugees at Sea under Internat..22페이지
A Preview of the Legislative Practice for Universal Jur..18페이지
A Decade of Conflict in Syria: An Analysis of Internati..12페이지