Posts Under: cross-border data flows

Chinese Proposed Cross-Border Data Flow Rules Contradict an Emerging International Default Norm for Cross-Border Data Flows

The Cyberspace Administration of China (CAC) recently issued draft “Security Assessment Measures for the Cross-Border Transfer of Personal Information and Important Data.” The draft comes in the context of the Chinese Cybersecurity Law, which is scheduled to be implemented on June 1, 2017.  The National Security Law of China likely also influenced this draft. 


Data Flows and Development - There is a link!

SIIA hosted a panel discussion for delegates to the World Trade Organization (WTO) E-Commerce Work Committee in Geneva on March 14, 2017.  UNCTAD’s Cecile Barayre, the Brookings Institution’s Joshua Meltzer, Tala’s Zach Marks, and Google’s Nicholas Bramble provided background information, which elicited many insightful questions.  One takeaway that is perhaps not obvious to all who participate in trade negotiations is that cross-border data flows are not necessarily synonymous with domestic deregulation.  This is consistent with SIIA’s view that governments should permit – indeed even encourage – cross-border data flows through offering data transfer interoperability mechanisms that enable cross-border data flows, but at the same time ensure compliance with national privacy and other laws.  This resource paper provides information on sources that governments and others can consult as they consider policy in this space.


New Avenues to Govern Cross-Border Information Flows

The Elliott School of International Affairs hosted a very interesting conversation today on “New Avenues to Govern Cross-Border Information Flows.”  SIIA co-sponsored the event together the Internet Society of Greater Washington, D.C.  The Institute for International Economic Policy (IIEP) presented the event.  Research Professor and Cross-Disciplinary Fellow Susan Aaronson moderated. I provided an industry perspective, and my talk is available here.  My written remarks focus on what we hope to achieve with respect to cross-border data flows in the Trade in Services Agreement (TISA), the WTO’s E-commerce Work Committee, the G20, G7, and the OECD.   However, as fellow panelist USTR Director for Digital Trade Sam DuPont concentrated on these fora, I emphasized in my spoken remarks four aspects of the cross-border data flow discussion.  First, key industry “asks” such as obligations to permit data flows, avoidance of serv ...