Document,Informaiton & Knowledge ›› 2020, Vol. 0 ›› Issue (6): 136-143.doi: 10.13366/j.dik.2020.06.136

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Research on the Jurisdictional Model of American Cross-border Data Flow and Its Enlightenment to China

  

  • Online:2020-11-10 Published:2020-12-04

Abstract: [Purpose/Significance]Data resources have become important basis and reference object for the protection of national sovereignty and international comprehensive strength. Data sovereignty emerged at a historical moment and has been placed in a national strategic position. Studying the US jurisdictional model of cross-border data flows could provide reference and lessons to China.[Design/Methodology]This paper investigated the development process of the cross-border data flow jurisdiction in the United States, as well as its policy system and jurisdictional model. Moreover, the American jurisdictional model was evaluated with the use of legal knowledge.[Findings/Conclusion]The jurisdictional model of cross-border data flows in the United States mainly adopts the principle of personality, supplemented by the principle of territoriality.[Originality/Value]Studying the jurisdictional model of cross-border data flows in the United States could provide reference for the construction and formation of cross-border data flow policy system and jurisdictional model in China.

Key words: Cross-border data flow, Data sovereignty, Jurisdictional model, the USA