Proceedings of the 2021 International Conference on Social Development and Media Communication (SDMC 2021)

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

Authors
Chengze Jiangjiangcz0619@163.com
Law School, Beijing Foreign Studies University
Corresponding Author
Chengze Jiangjiangcz0619@163.com
Available Online 17 January 2022.
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.

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Volume Title
Proceedings of the 2021 International Conference on Social Development and Media Communication (SDMC 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
17 January 2022
ISBN
10.2991/assehr.k.220105.250
ISSN
2352-5398
DOI
10.2991/assehr.k.220105.250How to use a DOI?
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  -