中圖分類號：D996文獻標識碼：ADOI:10.19358/j.issn.2097-1788.2024.07.014
引用格式：陳思怡.數據主權下CPTPP安全例外條款適用困境及其紓解［J］.網絡安全與數據治理，2024，43（7）：95-101.

The dilemma of the application of the CPTPP security exception provision under data sovereignty and relief

Abstract： The WTO security exception followed by the CPTPP is no longer able to cope with the challenges of the current Big Data era. The theory of data sovereignty can effectively alleviate the theoretical dilemma faced by the CPTPP security exception. In this regard, the jurisdiction of the dispute adjudication body should be affirmed, and the scope of self-adjudication can be judged by the panel itself or by considering the relevant submissions submitted by the member to the WTO; from the rules level, non-traditional security issues that may directly threaten national sovereignty should be included in the scope of the "essential security interests", and the applicable circumstances should be clearly listed; from the procedural aspect, the procedural requirements for security exception should be improved to prevent the abuse of security exception.

Key words : security exception clause; national security; data sovereignty; cross-border flow of data