| Summary: | 碩士 === 國立交通大學 === 科技法律研究所 === 107 === “Cross-border data flows” are defined as data been transferred and circulated among different countries and borders. Along with the widespread usage of the Internet and several new technology inventions such as cloud computing, big data analysist, artificial intelligence…etc. Cross-border data flows has no doubt been playing a very important role nowadays on different perspectives, for example, communications between users, operation of multinational corporation, the tracking of global selling merchandise and even the worldwide economic trade development are extremely relevant with it. However, what have followed are issues regarding privacy and data protection since the nature of cross-border will also involve the variety of different legislative policies and practice all over the world and therefore affect every users of the Internet. According to Article 21 of the Personal Information Protection Act of Taiwan, it has adopted the regulation model of permitted in general, limited in exception. Yet, it still remains controversial and requires further research to learn that whether permitted in general will be able to secure the safety of data, while will limited in exceptions constituted a great obstacle concerning data’s free flow? This thesis delves into the most iconic and influential regulations as well as the regulatory frameworks proposed by international organizations around the world (for instance, the General Data Protection Regulation (GDPR) and the APEC Cross Border Privacy Rules Systems (APEC CBPRs)). In addition, this thesis also provides comparative studies and empirical studies that take in-depth interviews with experts and lawyers. The conclusion proposes legal and policy solutions for the Taiwanese law regarding cross-border data flows, aiming at coordinating different international standards as well as finding the balance between privacy protection and the free flow of data.
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