Trilemma and tripartition: The regulatory paradigms of cross-border personal data transfer in the EU, the U.S. and China

Zheng, Guan

doi:10.1016/j.clsr.2021.105610

Cited by 12 publications

(3 citation statements)

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“…The U.S., on the other hand, has opted for a more liberal regulatory model for cross-border data flow, weakening protections for personal data. However, at the same time, the U.S. is leveraging its technological and commercial advantages to expand its jurisdiction over personal information [ 79 ]. The U.S. includes binding provisions in most of its leading regional agreements, such as the USMCA and the U.S.-Japan Digital Trade Agreement, requiring parties to allow (or not restrict) the transfer of information across borders by electronic means [ 80 ].…”

Section: Discussionmentioning

confidence: 99%

Privacy Protection in Using Artificial Intelligence for Healthcare: Chinese Regulation in Comparative Perspective

et al. 2022

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Advanced artificial intelligence (AI) technologies are now widely employed in China’s medical and healthcare fields. Enormous amounts of personal data are collected from various sources and inserted into AI algorithms for medical purposes, producing challenges to patient’s privacy. This is a comparative study of Chinese, United States, and European Union operational rules for healthcare data that is collected and then used in AI functions, particularly focusing on legal differences and deficiencies. The conceptual boundaries of privacy and personal information, the influence of technological development on the informed consent model, and conflicts between freedom and security in rules of cross-border data flow were found to be key issues requiring consideration when regulating healthcare data used for AI purposes. Furthermore, the results indicate that the appropriate balance between privacy protections and technological development, between individual and group interests, and between corporate profits and the public interest should be identified and observed. In terms of specific rule-making, it was found that China should establish special regulations protecting healthcare information, provide clear definitions and classification schemas for different types of healthcare information, and enact stricter accountability mechanisms. Examining and contrasting operational rules for AI in health care promotes informed privacy governance and improved privacy legislation.

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Section: Discussionmentioning

confidence: 99%

Privacy Protection in Using Artificial Intelligence for Healthcare: Chinese Regulation in Comparative Perspective

et al. 2022

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“…This phenomenon is re ected in the fact that lots of divisions on data localization lead to a failure to shape a multilateral consensus in WTO framework (Koopman et al 2020), and the noodle bowl effect-a fragmented digital trade policies in the regional trade agreements (RTAs) (Weber 2015). In fact, there is a trilemma of cross-border data transfer: personal data protect, free data ow and the expansion of national jurisdiction (Zheng 2021). The progress in the realm of data localization has been slow (Taylor 2020; Burri 2020).…”

Section: Introductionmentioning

confidence: 99%

Challenges in Achieving Consensus on Data Localization: Digital Inequality of Digital Service Trade

Gao,

Xie,

Zhang

2024

AEMPS

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The disagreements on data localization policies significantly hamper the progression of digital service trade and free cross-border data flow. This study adopts the Theory of Comparative Advantage and the Heckscher-Ohlin Theory (H-O Theory) to construct an analytical model that investigates the inequality of digital service trade on the well-being of nations and the valuation of digital factors. Our findings suggest that digital service trade exacerbates the terms of trade for developing countries. In an environment of unrestricted data flow, developed countries capitalize on the data resources from developing nations, thereby augmenting their digital comparative advantages and factor endowments. The dynamics foster a state of digital inequality or digital poverty, where late-developing countries are disadvantaged in keeping pace with their developed counterparts. Notably, data localization, while seemingly a protective measure for developing countries, may not be the optimal strategy. It potentially undermines the overall well-being of all participants by diminishing network effects. The paper argues that the path towards the liberalization of digital trade and data flows will be a lengthy and complex one, demanding concerted international efforts to overcome entrenched trade barriers.

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“…At present, the vast majority of blockchain nodes are running in servers in the territory of sovereign countries, and some permission blockchains even have nodes running in the jurisdiction of a sovereign country [ 6 ], which makes them subject to the constraints and supervision of the country’s laws and policies. At the same time, different countries or regions have different regulatory policies for cross-border data circulation [ 7 ]. Take cross-border payment as an example, according to Chapter 31 of the United States Code on the import and export of monetary instruments [ 8 ], when a monetary instrument with a value of more than USD 10,000 passes through the United States and beyond the United States (including the starting point and destination), any person or their agent or trustee with the knowledge shall submit a report at the time and place that the Secretary of the Treasury prescribes, which shall contain the following information: (i) the legal capacity in which the person filing the report is acting; (ii) the origin, destination, and route of the monetary instruments; (iii) when the monetary instruments are not owned or used by the person transporting the instruments, the identity of one of the sending and receiving parties or both are required; (iv) the amount and kind of monetary instruments transported; and (v) additional information.…”

Section: Introductionmentioning

confidence: 99%

A Scalable Cross-Chain Access Control and Identity Authentication Scheme

Ding

Zhang

Qin

et al. 2023

Sensors

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Cross-chain is an emerging blockchain technology which builds the bridge across homogeneous and heterogeneous blockchains. However, due to the differentiation of different blockchains and the lack of access control and identity authentication of cross-chain operation subjects, existing cross-chain technologies are struggling to accomplish the identity transformation of cross-chain subjects between different chains, and also pose great challenges in terms of the traceability and supervision of dangerous transactions. To address the above issues, this paper proposes a scalable cross-chain access control and identity authentication scheme, which can authenticate the legitimacy of blockchains in the cross-chain system and ensure that all cross-chain operations are carried out by verified users. Furthermore, it will record all cross-chain operations with the help of Superchain in order to regulate and trace illegal transactions. Our scheme is scalable and, at the same time, has low invasiveness to blockchains in the cross-chain system. We implement the scheme and accordingly conduct the evaluations, which prove its security, efficiency, and scalability.

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Trilemma and tripartition: The regulatory paradigms of cross-border personal data transfer in the EU, the U.S. and China

Cited by 12 publications

References 0 publications

Privacy Protection in Using Artificial Intelligence for Healthcare: Chinese Regulation in Comparative Perspective

Privacy Protection in Using Artificial Intelligence for Healthcare: Chinese Regulation in Comparative Perspective

Challenges in Achieving Consensus on Data Localization: Digital Inequality of Digital Service Trade

A Scalable Cross-Chain Access Control and Identity Authentication Scheme

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