Abstract
Some customs agencies are implementing electronic single window systems. These single window systems enable an importer or exporter to digitally transmit their transaction information to the customs administration. The single window system shares relevant information with other government agencies involved in the import or export process. It relieves the importer or exporter of the need to lodge transaction information separately with each government agency. An international single window system is the interconnection of two or more national single window systems. It enables the exporter’s transaction information to be re-used in import processing, thereby reducing the amount of information required from importers. For states that already have customs intelligence-sharing agreements, a single window system could be used to exchange intelligence information about the import and export transactions processed by the system. Intelligence-sharing agreements can and should include transparent protection for human rights. The human rights relevant to this legal framework are access to justice, freedom from arbitrary search and seizure, freedom from torture and the right to privacy. The right to privacy is the human right most affected by intelligence-sharing. This thesis proposes a legal framework to enable intelligence to be shared through a single window system with transparent terms for managing human rights. This thesis suggests that public confidence would be improved by showing how privacy and other human rights are treated in the rules for customs intelligence-sharing using the system proposed here.
Highlights
In this Chapter, the thesis, method and scope are outlined
Prohibit information gained through arbitrary search and seizure and prohibit information gained through torture Implement intelligence-sharing through a single window
Requirement Information access and disclosure control Audit, review or self-reporting of compliance Information retention and destruction controls Information is held by each state, rather than stored in a single, central database (Big Data) Voluntary, not compulsory, information-sharing Collection Limitation Data Quality Purpose Specification Use Limitation Security Safeguards Openness Individual Participation Accountability Information is collected lawfully
Summary
Customs administrations use single window systems to receive trade transaction information electronically from importers and exporters so that it may be processed. 6 Customs administrations use single window systems to transmit responses back to the importers and exporters. Customs administrations lead the implementation of single window systems because the single window concept is an initiative of the World Customs Organisation (WCO).. Customs administrations use single window systems to receive trade transaction information electronically from importers and exporters so that it may be processed. This thesis suggests that public confidence would be improved by showing how privacy and other human rights are treated in the rules for customs intelligence-sharing processes. It should be noted, that this thesis does not include an empirical study to gauge the effect of the proposed legal framework on public confidence. 5. a legal framework that allows customs administrations to share intelligence through the transactional single window system, and at the same time show how privacy and other human rights are treated, should improve public confidence.. Single window systems are used by customs administrations in many states to enable traders to lodge import and export information with government agencies. 13 "WCO Research paper No 17: A Survey of Single Window Implementation" (2011) World Customs Organisation
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