Tag Archives: privacy

GSMA: Free Flow of Data across Borders Essential for Asia’s Digital Economies

GSMAGovernments in Asia can expand the region’s digital economy and unlock further socio-economic benefits for their citizens by removing unnecessary restrictions on the movement of data internationally, according to a new report released by the GSMA today at the Mobile 360 – Digital Societies conference in Bangkok. The study, ‘Regional Privacy Frameworks and Cross-Border Data Flows’, reveals that striking the right balance in the region’s data privacy regulations could significantly enhance economic activity and future innovation in 5G, the Internet of Things (IoT) and artificial intelligence (AI).

Over the past decade, international data flows have increased global GDP by 10.1 per cent, and their annual contribution to global GDP has already surpassed US $2.8 trillion1 – a larger share than the global trade in goods. The ability to transfer, store and process data enables commerce, spurs innovation, and drives the development of new technologies, platforms, services and infrastructure.

Although the Asia Pacific region has made good progress in the development of data privacy frameworks that protect consumers while also allowing data to flow across borders, the report highlights that variances in data privacy laws across countries is holding back trade and innovation. The report also calls for better links at a regional level between Asia’s two main privacy frameworks – the ASEAN Framework on Personal Data Protection and the APEC Privacy Framework – to enable cross-border data flows.

“The immense economic opportunities arising from the digital economy and data flows are indisputable,” said Boris Wojtan, Director of Privacy, GSMA. “Working towards a pan-Asian approach to data privacy is critical to protecting the rights of individuals and unlocking this economic potential, not only in Asia, but around the world. Regulating people’s personal information by a patchwork of geographically bound privacy laws will only restrict how Asian companies can innovate and bring better products and services to consumers in the future. Now is an important time for all countries to take actions to bridge the differences in their privacy regulation and achieve greater alignment.”

The study evaluated various regional data privacy frameworks and their key principles, while diving down into individual countries to identify national approaches to privacy regulation. It highlights specific steps that all countries, including less developed states, can take to support greater alignment across Asia. Some of the key recommendations included in the report are:

  • APEC and ASEAN governments should consider the options outlined in the study to bridge the differences between their respective privacy frameworks and seek interoperability with other regional frameworks;
  • Countries should advance the alignment of national-level privacy regimes by conducting a landscape analysis to see where they stand in terms of data privacy and reviewing the experience of other governments in the region to understand common paths forward;
  • Policymakers in government and privacy enforcement authorities should support deeper collaboration and cross-learning across the region; and
  • Governments should also draw on non-government privacy experts in the private sector and academia to inform their approaches.

The GSMA also today released its report, ‘Cross-Border Data Flows: Realising Benefits and Removing Barriers’, which describes the benefits of global data flows for individuals, businesses and governments, and explores the damaging impact of increased data localisation measures, which can either require companies to store data locally, or even prohibit companies from transferring personal data altogether. The report calls for governments globally to commit to removing unnecessary localisation measures and enable data to flow cross-border through improved approaches to protecting people’s data.

The ‘Regional Privacy Frameworks and Cross-Border Data Flows’ report is available here in English.

The ‘Cross-Border Data Flows: Realising Benefits and Removing Barriers’ report is available here in English.

source: https://business.financialpost.com

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EU moves to remove barriers to data flows

eu-data-protection(Reuters) The European Union will seek to break down barriers to the flow of data between businesses in future trade deals, as it tries to promote a more digital economy while also protecting privacy.

Cross-border data flows are key to most businesses. These can include moving around employee information, sharing credit card details for online transactions, and identifying people’s browsing habits to serve them targeted advertisements.

The EU has drafted provisions, seen by Reuters, to be inserted in future trade agreements which tackle protectionist measures by third countries restricting the flow of data. They should also ensure that the bloc’s strict data protection rules will not be undermined.

In addition, the articles on data flows and data protection will be excluded from any investment court set up as part of a trade deal to settle disputes, ensuring that data protection issues will be under the jurisdiction of the EU’s highest court.

“Cross-border data flows shall not be restricted between the Parties by … requiring the localisation of data in the Party’s territory for storage or processing,” the provisions say.

They also prohibit the requirement that businesses use specific computing facilities in a country’s territory.

A number of countries have introduced measures forcing companies to store data on local servers, prompting warnings from the technology industry that such moves only serve to balkanise the internet.

Russia said last year that it would block Facebook unless the social network complied with a law requiring websites that store the personal data of Russian citizens to do so on Russian servers.

Data protection is a fundamental right in the EU and therefore cannot be the subject of negotiation in trade deals. But the growing digitalisation of the economy has prompted the EU to look at how it can foster data flows without compromising privacy.

The EU normally looks to facilitate commercial data flows by recognising a third country’s privacy framework as equivalent to that in the bloc, meaning businesses can easily transfer and store data overseas.

Only 12 currently meet the standard, and the US had to negotiate with Brussels for over two years to be granted so-called “adequacy” status.

The EU is negotiating a data transfer deal with Japan which it hopes to conclude this year.

“These horizontal provisions – once included in future trade and investment agreements – will for the first time provide for a straightforward prohibition of protectionist barriers to cross-border data flows, in full compliance with and without prejudice to the EU’s data protection and data privacy rules,” the European Commission wrote in a letter to a member of the European Parliament on Friday.