In the process of economic globalization, the issue of cross-border personal financial information protection has become an important problem that needs to be solved urgently. The China Civil Code provides private remedies for the protection of personal information. However, due to its limitations as a private law, there are many existing questions which make it difficult to solve the problem of cross-border personal information protection, such as the definition of personal financial information is unclear, the format contract prepared by financial institutions does not comply with substantive justice, and individuals can hardly obtain relief in infringement lawsuits. In this article, the terminology of cross-border personal financial information is defined and the current status of China’s public law regulation and private law protection is sorted out. Subsequently, bellow suggestions are put forward: clarifying the minimum distinguished standards between personal financial privacy information and general information; establishing corresponding financial contract templates, and constructing an assessment mechanism dominated by financial regulatory agencies.
References
[1]
Guo, D. X., & Liu, C. (2023). International Experience in Legal Regulation of Cross-Border Flow of Personal Financial Data and China’s Response. Credit Information, No. 11, 64.
[2]
Han, J. Y. (2016). Analysis of Focus Issues in International Regulation of Cross-Border Data Flows. Hebei Law, No. 10, 170.
[3]
Huang, L. L. (2023). International Trade Law Regulations on Cross-border Flow of Financial Data. Journal of Shanghai University of International Business and Economics, No. 6, 66.
[4]
Li, C. C. (2024). APP Personal Information Protection Policy Dilemma and Response Paths. Information Security Research, No. 2,178.
[5]
Ruan, S. Y. (2020). Tort Law Protection of Personal Information from the Perspective of Civil Code-Focusing on Factual Uncertainty and Its Resolution.Jurist, No. 4, 31.
[6]
Yan, F. (2016). Research on Judicial Regulation of Standard Clauses (p. 60). Doctoral Thesis, Southwest University of Political Science and Law.
[7]
Zhang, J. H. (2018). Restrictions on Cross-Border Transfer of Personal Data and Solutions. Oriental Jurisprudence, No. 6, 37.
[8]
Zhao, J., & Xiang, L. (2019). Research on Privacy Protection of Cross-Border Flow of Personal Information from the Perspective of Cross-Border E-Commerce Construction. Journal of Zhejiang University (Humanities and Social Sciences Edition), No. 2, 59.
[9]
Zheng, Z. F. (2018). Personal Information Protection through Design. Journal of East China University of Political Science and Law, No. 6, 57.
