Search Results for "The Trouble with the TPP" : 92

Knowledge Nation 100 Luncheon by Rick Stevens (CC BY-ND 2.0) https://flic.kr/p/BkAGPN

The Trouble with the TPP, Day 14: No U.S. Assurances for Canada on Privacy

The Trouble with the TPP series focus on privacy has thus far examined weak privacy laws, restrictions on data localization requirements, and a ban on data transfer restrictions. The data transfer restriction post cited one of my recent technology law columns in concluding that the net effect of a recent European privacy case and the TPP provisions is that Canada could end up caught in a global privacy battle in which Europe restricts data transfers with Canada due to surveillance activities and the TPP restricts Canada’s ability address European concerns.

Interestingly, at least one TPP country identified the potential risk of a clash between European privacy rules and the TPP. Australia obtained a side letter with the United States that largely addresses the concern. The letter states:

January 21, 2016 — 5 comments — News

Unlike Us by Anne Helmond (CC BY-NC-ND 2.0) https://flic.kr/p/bFzHaa

The Trouble with the TPP, Day 13: Ban on Data Transfer Restrictions

The Trouble with the TPP yesterday examined the barriers to data localization requirements, an emerging policy choice for countries concerned with weak privacy protections once personal data is transferred outside the country. The TPP goes further in undermining potential privacy protections, however, as it also establishes a ban on data transfer restrictions (prior posts in the series include Day 1: US Blocks Balancing Provisions, Day 2: Locking in Digital Locks, Day 3: Copyright Term Extension, Day 4: Copyright Notice and Takedown Rules, Day 5: Rights Holders “Shall” vs. Users “May”, Day 6: Price of Entry, Day 7: Patent Term Extensions, Day 8: Locking in Biologics Protection, Day 9: Limits on Medical Devices and Pharma Data Collection, Day 10: Criminalization of Trade Secret Law, Day 11: Weak Privacy Standards, Day 12: Restrictions on Data Localization Requirements).

Data transfer restrictions are a key element of the European approach to privacy, which restricts data transfers to those countries with laws that meet the “adequacy” standard for protection. That approach is becoming increasingly popular, particularly in light of the Snowden revelations about governmental surveillance practices. Several TPP countries, including Malaysia, Singapore and Chile, are moving toward data transfer restrictions as are countries such as Brazil and Hong Kong.

January 20, 2016 — Comments are Disabled — News

Descending Clouds by Gary Hayes (CC BY-NC-ND 2.0) https://flic.kr/p/7RQ4wS

The Trouble with the TPP, Day 12: Restrictions on Data Localization Requirements

If all TPP countries implemented similarly strong privacy protections, there would be little need to consider alternative mechanisms to enhance public confidence in their privacy through additional legal safeguards. However, the Trouble with the TPP is that it actually weakens privacy protections by treating voluntary undertakings as equivalent to comprehensive privacy laws (prior posts include Day 1: US Blocks Balancing Provisions, Day 2: Locking in Digital Locks, Day 3: Copyright Term Extension, Day 4: Copyright Notice and Takedown Rules, Day 5: Rights Holders “Shall” vs. Users “May”, Day 6: Price of Entry, Day 7: Patent Term Extensions, Day 8: Locking in Biologics Protection, Day 9: Limits on Medical Devices and Pharma Data Collection, Day 10: Criminalization of Trade Secret Law, Day 11: Weak Privacy Standards). The TPP goes further in harming privacy, however, by restricting the use of data localization requirements that might otherwise be used to provide privacy protection.

Data localization has emerged as an increasingly popular legal method for providing some additional assurances about the privacy protection for personal information. Although heavily criticized by those who fear that it harms the free flow of information, requirements that personal information be stored within the local jurisdiction is an unsurprising reaction to concerns about the lost privacy protections if the data is stored elsewhere. Data localization requirements are popping up around the world with European requirements in countries such as Germany, Russia, and Greece; Asian requirements in Taiwan, Vietnam, and Malaysia; Australian requirements for health records, and Latin America requirements in Brazil. Canada has not been immune to the rules either with both British Columbia and Nova Scotia creating localization requirements for government data.

January 19, 2016 — 9 comments — News

Please! By Josh Hallett (CC-BY 2.0) https://flic.kr/p/yALRk

The Trouble with the TPP, Day 11: Weak Privacy Standards

The Trouble with the TPP continues this week with a series of posts on the TPP and privacy (prior posts include Day 1: US Blocks Balancing Provisions, Day 2: Locking in Digital Locks, Day 3: Copyright Term Extension, Day 4: Copyright Notice and Takedown Rules, Day 5: Rights Holders “Shall” vs. Users “May”, Day 6: Price of Entry, Day 7: Patent Term Extensions, Day 8: Locking in Biologics Protection, Day 9: Limits on Medical Devices and Pharma Data Collection, Day 10: Criminalization of Trade Secret Law). The inclusion of privacy within the TPP has been touted by governments as one of the benefits of the agreement, but the privacy provisions are so weak as to move global privacy backwards, weakening emerging international standards and locking countries into rules that restrict their ability to establish additional privacy safeguards.

While some have questioned the concerns associated with privacy and the TPP by arguing that it is it a trade agreement, not a privacy treaty, the reality is that the commercial importance of big data has never been greater. Indeed, it is odd to see some emphasize the importance of increased, harmonized intellectual property protections but simultaneously express satisfaction with bare minimum privacy protections that provide companies with a patchwork of rules and consumers without standardized protections. Personal information is a critical part of e-commerce and the need for public confidence in privacy protections alongside corporate certainty about their rights and obligations with the personal information they collect should be beyond debate.

January 18, 2016 — 3 comments — News

"SECRET" stamp by Alex Wellerstein (CC BY 2.0) https://flic.kr/p/aCJZrf

The Trouble with the TPP, Day 10: Criminalization of Trade Secret Law

The Trouble with the TPP series continues with a surprising and troubling aspect of the intellectual property chapter: the criminalization of trade secret law (prior posts include Day 1: US Blocks Balancing Provisions, Day 2: Locking in Digital Locks, Day 3: Copyright Term Extension, Day 4: Copyright Notice and Takedown Rules, Day 5: Rights Holders “Shall” vs. Users “May”, Day 6: Price of Entry, Day 7: Patent Term Extensions, Day 8: Locking in Biologics Protection, Day 9: Limits on Medical Devices and Pharma Data Collection). The trade secret issue was flagged by Professor Dan Breznitz of the Munk School of Global Affairs in a column in the Globe and Mail late last year. While some have tried to downplay the issue, the reality is that the TPP represents a radical shift on trade secrets law for most participating countries, who can expect years of pressure to gradually expand the scope of criminal penalties for trade secret violations.

January 15, 2016 — 4 comments — News