China Releases Initiative on Cross-Border Data Flow

First mentioned by Chinese President Xi Jinping at the 31st APEC Economic Leaders’ Meeting in Lima, Peru on November 9, the Initiative calls for countries to balance the development of the digital economy and the protection of national security and public privacy to foster cross-border data flows, while ensuring that each country’s legitimate policy goals are met.　

To achieve the objective, the Initiative suggests each country encourage electronic cross-border data transmission to meet the needs of business and social activities and support free data flows that do not violate national security, public interests or personal privacy.　

The Initiative emphasizes respecting the measures all countries have taken to protect non-personal data related to national security and public interests and to protect personal information rights and interests, including individual privacy. The Initiative supports regulations that aim to achieve legitimate public policy objectives on the premise that such regulatory measures do not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade, and do not cross the limits of the goals they seek to achieve.　

The Initiative calls for countries to provide convenient channels for cross-border transmission of personal information on the condition that such information is well protected, and to establish and improve legal and supervision frameworks on personal information protection. Enterprises should be encouraged to obtain personal information protection certifications to demonstrate their compliance with personal information protection standards and ensure secure and orderly cross-border flows of personal information.　

To build a safe, convenient and inclusive environment for cross-border data transmission, the Initiative suggests countries work out negative lists for managing cross-border data flow, enhance the transparency, predictability and non-discriminatory nature of measures managing the cross-border flows of various types of data, as well as the interoperability of policy frameworks, and increase relevant cross-border cooperation and technological innovations.　

The Initiative strongly opposes overstretching the concept of national security on data issues and illicit acquisition of data through methods such as setting up backdoors in digital products and services or exploiting vulnerabilities in digital technology infrastructure.　

China hopes that governments, international organizations, businesses and civil society will jointly build a mechanism to ensure efficient, convenient and safe cross-border data flow and an open and mutually beneficial landscape for international cooperation in the data sphere, and ensure that the benefits of digital advancements are shared by people worldwide.　

At a press conference on November 20, Lin Jian, a spokesperson for China’s Ministry of Foreign Affairs, said the Initiative makes clear China’s stance and position in advancing global cross-border data flow cooperation and advocates the principles of openness, inclusiveness, security, cooperation and non-discrimination.　

According to Lin, the document is yet another important initiative on data China has issued since it released the Global Initiative on Data Security at the International Seminar on Global Digital Governance held in Beijing on September 8, 2020. He said the initiative outlines the core message of President Xi Jinping’s philosophy of building a community with a shared future in cyberspace and demonstrates China’s firm resolve to coordinate development and security, improve digital governance and practice multilateralism.　

“Data security is a global issue that needs to be addressed through joint discussion by the international community. China stands ready to conduct and deepen exchanges and cooperation on cross-border data flow with other parties on the basis of the Initiative, and we welcome support from all parties for this Initiative,” Lin said.