On the construction of extraterritorial effect system of personal information protection law in China
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D922.3

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    Abstract:

    The system of extraterritorial effect of personal information protection law refers to a legal system in which a country exercises jurisdiction over a person, object or behavior that processes personal information extraterritorially, thus extending its jurisdiction beyond the territory of the country. It is not only a system innovation based on the practical interests of all participants, but also a legal weapon for a country to achieve political, economic and other purposes in a more macroscopic sense. From Data Protection Directive 95/46/EC to GDPR, the European Union further expanded the extraterritorial effect scope of the law, establishing the principle of jurisdiction with the principle of territoriality as the main principle and the effects principle as the complementary principle, and became a model for most countries. The essence of this approach is to take the whole European market as a bargaining chip to participate in the international game. Depending on the advantage of technology and market-dominant of U.S. companies and their control of global data, the U.S. CLOUD Act extends its legal weapon to all parts of the world through the global distribution of American companies, exporting American-style privacy standards to maximize their national interests. In the current situation where international conventions and treaties have not been formed, expanding the extraterritorial effect scope through domestic legislation is a common practice for most countries to safeguard data sovereignty and participate in international cyberspace governance. Facing the international mainstream, China should establish an legal system in which extraterritorial legislative jurisdiction and extraterritorial law enforcement jurisdiction coexist, enhance the applicability and systemic nature of the system of extraterritorial effects of personal information protection law, actively participate in and lead the development of international treaties on personal information protection law, and promote the realization of China's plan for the reform of the global internet governance system.

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张哲,齐爱民.论我国个人信息保护法域外效力制度的构建[J].重庆大学学报社会科学版,2022,28(5):207~220

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  • Online: November 07,2022
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