Research on the “White List” System for Personal Information Export Compliance

The original three compliance paths for personal information export in China focused on data security and failed to effectively promote the development of the digital economy. In view of this, the State Internet Information Office of China issued the Regulations on Promoting and Regulating the Cross border Flow of Data in March 2024, which boldly proposed the “white list” system for data exit exemption from the three major pre compliance obligations by taking advantage of the authorization space given by the bottom line clause in Article 38 of the Personal Information Protection Law of the People's Republic of China, and opened up the fourth path for China's personal information exit compliance. However, the current “white list” system for personal information export is still in the initial stage of conceptual construction and principle establishment, facing problems such as a single dimension in system design and lagging systematic construction. Therefore, exploring and improving the “white list” system in depth, and unleashing its institutional effectiveness in coordinating security and development, has become a key issue that urgently needs to be addressed. Firstly, this article clarifies the inherent value pursuit that the “white list” system for personal information export compliance should possess based on the development requirements, implementation requirements, and governance requirements of personal information export activities, and analyzes the institutional effects behind the value pursuit. Secondly, guided by institutional values, clarify the shortcomings of the design of the “white list” system based on scenario dimensions, propose the complementary functions of organizational dimensions at both theoretical and practical levels, sort out the conceptual framework of the system, and explain its surface meaning and substantive connotation. Finally, we will promote the implementation of the “white list” system from two aspects: the establishment of eligibility procedures and measures to ensure the effectiveness of the system. The security, efficiency, and free flow of information have become ecological elements of the industrial chain that drive global economic development and social progress. The “white list” system for personal information export compliance should adhere to the principles of value balance, collaborative governance, and dynamic openness, and improve the institutional system from an organizational perspective in order to achieve multiple goals such as balancing development and security, optimizing governance efficiency, and increasing institutional vitality. There are still two steps needed to implement this system: the first, clarify the scope of information, subject qualifications, refine the list selection process, and clarify the responsibilities of all parties; the second is to implement one-stop management, establish a dynamic clearance mechanism, strengthen compliance incentives, improve information management mechanisms and regulatory networks, in order to ensure the effectiveness of the system.