个人资料跨境转移法律保护机制研究国际法学专业论文.docx

Ab Abstract - - II - Abstract With the development of the Internet and E-commerce, a lot of personal data can transfer cross-border instantly around the world. However, in the cross-border transfer of the personal data, personal data security, basic human rights and national security are constantly challenged. It makes the law about cross-border transfer of personal data protection become an increasingly major concern for all countries that the non-stop leaking problem of the personal data, the illegal access and trade of the personal data and the violation of national security to the basic human rights. It has been becoming a tough problem that every country has to face that how we make sure the personal data are legally collected and used, protect the legitimacy rights and the data trade. Therefore, the practical significance to study on cross-border transfer of personal data protection legal mechanism becomes more apparently. Without a consistent personal data protection mechanism, different countries and regions have different way to deal. There are four levels by protection level and legislation model. The highest level of protection of personal data EU member states generally adopt a uniform legislation model, and set up a strict protection standards for the non-EU states. And the United States as the representative of the distributed legislation state of personal data protection settles the conflicts on the law issues of the cross-border transfer of persinal data, by signing Safe Harbor with EU. OECD, UN and APEC also pay attention to the personal data protection issues.After analysising the existing legal protection mechanisms, although there are many problems in the EU Data Protection Directive, it is undoubtedly a model of global data protection legislation. As the core of EU personal data protection legal mechanism, it represents the highest level in the world and sets a good example to other countries. As the diversity of the development, the legal cultu