关键词: 数据安全, 数据跨境, 《安全港协议》, 《隐私盾协议》, 《欧盟 美国数据隐私框架》

Abstract: In the context of the digital era, crossborder cooperation in data exchange between nations has facilitated the global digital economy. However, along with the benefits of crossborder data cooperation, there arise challenges in balancing data transfer and data security, particularly in relation to illicit access for intelligence purposes. The United States and the European Union, being pioneers in crossborder data cooperation, have implemented special data protection mechanisms in their agreements, which restrict intelligence agencies’ access to data. This paper aims to delve into the design of these special data protection mechanisms under the “Safe Harbor Agreement,” “Privacy Shield Agreement,” and “EUUS Data Privacy Framework,” focusing on the rules related to behavioral restrictions, departmental supervision, and rights remedies, thereby uncovering the fundamental framework of these mechanisms. Given China’s efforts to establish convenient crossborder data transmission mechanisms, this study proposes specific approaches to address such issues.

Key words: data security, Data cross-border, Safe Harbor Agreement, Privacy Shield Agreement, EUUS Data Privacy Framework