CIGI’s essay series on data governance in the digital age has shone a spotlight on the need for a national data strategy. My contribution notes that central to any data strategy will be some measure of data control. Given the implications for privacy, security and innovation policies, this includes some control over where data is stored and the conditions under which it is transferred across borders. Yet, despite the mounting data concerns, Canada may have already signed away much of its policy flexibility with respect to rules on both data localization and data transfers, severely restricting its ability to implement policy measures in the national interest.
Post Tagged with: "data transfer"
Data Rules in Modern Trade Agreements: Toward Reconciling an Open Internet with Privacy and Security Safeguards
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.