Background and Introduction

Abstract

The international transfer of personal data has had a positive impact around the world, while subjecting the privacy of individuals to new and increased risks. Regulation of transborder data flows is now a subject of strategic importance as data flows have become integral to economic and social development, free expression, cultural activities, and other basic values. Before widespread use of the Internet began, it was assumed that transborder data flows were an exceptional occurrence, but transborder flows of personal data are now the rule, and there is now more sharing of personal data between governments (often for law enforcement purposes) than ever before. There is a lack of clarity regarding issues such as what constitute ‘transborder data flows’; what are personal data; what the distinction should be between data controllers and data processors; and the legal status of data transfers of their own personal data initiated online by individuals.