Research on Applying the WTO Security Exception Clause to the Security Dispute Caused by Cross-border Data Flows
Take the Tik Tok Case as an Example
- DOI
- 10.2991/assehr.k.220105.250How to use a DOI?
- Keywords
- Cross-border data flows; WTO; The Security Exception Clause; Tik Tok; Cyber-Security
- Abstract
Personal data is now routinely flowing between legal jurisdictions, making the personal data of residents in each country particularly vulnerable to acquisition by foreign intelligence services. As a result, barriers to cross-border data flows are spreading globally due to security concerns. For example, TikTok, owned by a Chinese company, ByterDance, is a short-form, video-sharing app that allows users to create and share videos with people worldwide. Since its launch, the TikTok app’s popularity has been growing tremendously. In 2020, the United States declared a national emergency regarding the threat that Tik Tok would harm national security and took sanction measures, such as prohibiting the use of the app. If the case goes to the WTO, the security exception clause would be America’s best defense. The Security Exception Clause in WTO’s framework is based on national sovereignty, seeking to balance between “essential security interests protection” and “free trade.” This article will utilize the Tik Tok case to examine the application method of the security exception clause towards disputes caused by cross-border data flows and put forward some suggestions for the future development of cross-border data flows security.
- Copyright
- © 2022 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Chengze Jiang PY - 2022 DA - 2022/01/17 TI - Research on Applying the WTO Security Exception Clause to the Security Dispute Caused by Cross-border Data Flows BT - Proceedings of the 2021 International Conference on Social Development and Media Communication (SDMC 2021) PB - Atlantis Press SP - 1364 EP - 1371 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.220105.250 DO - 10.2991/assehr.k.220105.250 ID - Jiang2022 ER -