The Functional Imbalance and Model Reconstruction of Governing Cross Border Data Evidences Collection
Under the combined effects of global data scaling, integration and frontiers, as well as the derivative impact of COVID-19, it is difficult to timely and effectively complete cross-border data evidences collection through traditional bilateral law enforcement cooperation and judicial assistance. Unilateral controlling schemes, such as EU framework based on a package plan or US framework based on Cloud Act and its derivative agreements, cannot prevent the functional imbalance of governing cross-border data evidence collection. It is urgent to combine specific characteristics of data evidence in information society, improve multilateral rules for governing cross-border data evidences collection in a targeted manner, and gradually build a unified, coordinated, and well regulated governance mechanism, consolidate cooperation based on common interests, emphasize the extraterritorial application of legislation within the domain, restrict the specific application of cross-border data evidences collection, and adhere to the governance model of legitimate collection of cross-border data evidences, effectively safeguard data sovereignty, social security and legitimate rights and interests of different entities, and promote the healthy and orderly development of digital economy.
Wang Dan Chen Aiwu
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The Functional Imbalance and Model Reconstruction of Governing Cross Border Data Evidences Collection
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