Transborder Data Flows Research Articles

Exploring perspectives of research ethics committee members on the governance of big data in sub-Saharan Africa.

Interest in the governance of big data is growing exponentially. However, finding the right balance between making large volumes of data accessible, and safeguarding privacy, preventing data misuse, determining authorship and protecting intellectual property remain challenging. In sub-Saharan Africa (SSA), research ethics committees (RECs) play an important role in reviewing data-intense research protocols. However, this regulatory role must be embedded in a context of robust governance. There is currently a paucity of published literature on how big data are regulated in SSA and if the capacity to review protocols is sufficient. The aim of this study was to provide a broad overview of REC members' awareness and perceptions of big data governance in SSA. A descriptive cross-sectional survey was conducted from April to July 2022. We invited 300 REC members to participate in our online survey via Research Electronic Data Capture (REDCap). A total of 140 REC members, representing 34 SSA countries, completed the online survey. Awareness of data governance laws, policies and guidelines was variable across the subcontinent. A quarter of respondents (25%) indicated that national regulations on the trans-border flow of research data are inadequate. Institutional policies on research data protection were also regarded as being inadequate. Most respondents (64%) believed that they lacked experience in reviewing data-intense protocols. Data governance and regulation in SSA need to be strengthened at both national and institutional levels. There is a strong need for capacity development in the review of data-intense research protocols on the subcontinent.

Global digital governance: paradigm shift and an analytical framework

Global digital governance has been rising in response to a dual process of globalization and digitalization. Serving the innovation and application of digital technologies, global digital governance requires global cooperation to achieve economic benefits and cope with digital transformation challenges, covering issues, such as the Internet, digital tax, and trans-border data flow. The extant literature fails to answer why these challenges have been getting intense in recent decades and why the global governance responses to them may vary in different ways. This study argues that the transformation from protective immunity of digital platforms to Techlash against big tech triggered the rapid development of global digital governance. Following the paradigm shift argument, the paper further proposes an integrated framework to analyze the characteristics of the new model to explain the heterogeneity across global digital governance issues. The major constituent elements of this framework include the nature of the global commons (comedy or tragedy), global power structure (decentralized or centralized), and the governance regime (technocracy or democracy). This study applies the framework to analyze three cases of global digital governance issues and demonstrates its analytical power.

Free Trans-border Data Flow or Localization: Data as a Structural Issue between the U.S. and China

Free Trans-border Data Flow or Localization: Data as a Structural Issue between the U.S. and China

WITHDRAWN: Internet cross-border service model based on 5G environment and cloud computing data platform

Abstract The Internet and the free flow of cross-border data for international trade have become an important platform. It can sell digital products online and Internet enterprises, manage the global supply chain number six in contact with customers and use the Internet to offer IT opportunities in the cloud. Simultaneously, the governments of all countries to regulate the Internet, there are ways to reduce organizational effectiveness and use of the Internet Entrepreneur And controls on consumer goods and services, receive local international industry of the article International Business Network trans-border data flow. The rapid development of the Internet has led to a growing electronic over-the-counter distribution of services—the impact of ongoing service trade negotiations under the Development Program. Detailed disclosure simultaneously, some recommendations are put forward for developing the Internet-based on the cross-border e-commerce model in the context of poor credit, incomplete cross-border logistics system, and low cross-border payment system. 5g and cloud computing is a new network architecture that integrates with the network's core functions. Computing is an open-ended operating system called cloud storage and networking utility programs, neighborhoods, objects or data sources. The 5G network store with Cloud computing, on the other hand, has replaced the traditional centralized. Cloud computing is a method of computing. Its mobile computing and storage capabilities are on the edge of the network.

Reflections on the GDPR Adequacy Assessment and Strategy of Japan: For the Enhancement of Transborder Data Flows

Japan started the dialogue with the EU Commission in April 2016 to realize free cross-border personal data flows and after thorough discussion, the mutual adequacy certification agreement between the EU and Japan was concluded and became effective in January 2019. While the adequacy agreement is a welcome event, this article examines if the policy which the Japanese government pursued is defensible. This article focuses on the difficulty in comparing the (General Data Protection Regulation) GDPR with data protection law in a third country especially where its tradition and language are greatly different from the EU. It explains this difficulty in terms of the institutional aspect (the creation of an independent organ), the substantive adequacy of data protection law (rights of data subjects and obligations of data controllers) and the adequacy of enforcement of data protection law (administrative, civil and criminal enforcement). It is understandable that the EU takes an adequacy approach for the data protection of their residents, but the time and effort involved in the assessment could be significant. The article suggests that an international agreement or convention could be a preferable option by drawing on the experience of Council of Europe Convention 108 and similar models when we narrow down the issues of data protection to the problem of crossborder data flows in the private sector. Personal Information Protection, Japan, General Data Protection Regulation, Adequacy

“Data localization”: The internet in the balance

There is a steady global trend towards “Data Localization,” laws by which data is required to be maintained and processed within the geographic boundaries of its state of origin. This development has raised concerns about its possible adverse impacts on emerging data-intensive technologies such as Cloud services/E-commerce, Big Data, Artificial Intelligence and the Internet of Things (collectively, the Embedded Infosphere). The inability to reach an international agreement on rules for cross-border data flows may have significant adverse consequences for all future users of the Internet.The basis of Data Localization is grounded in two distinct but inter-related policy models: Data Sovereignty and Trans-Border Data Flows. These two concepts have different origins. “Data Sovereignty” is derived from the historic power of a state of absolute and exclusive control within its geographic borders. Policies behind TBDFs arose in Europe following World War II, primarily motivated by Nazi use of early proto-computers to help round up Jews and others. As they have evolved, TBDF policies have been directed primarily at protecting personal data and privacy.This article first examines the issues of: 1) “Information Sovereignty” and 2) TBDFs. It then describes the arguments for and against “Data Localization,” offers some examples of strong localization policies (Russia, China), and summarizes contesting policy proposals. It then contextualizes TBDF with issues of human rights (free flow of information) and privacy.While the utility of an international agreement on TBDFs is clear, the differences in approaches are tenacious. For the free-market developed world (e.g, EU, OECD), the path forward seems to lead through policy convergence to compatible rules, with differentiated levels of data protection and accountability. It is far from clear whether these rules will address, in a mandatory way, issues of the “free flow” of information in the human rights sense. At the same time, there are countries (e.g., BRICS), representing a majority of the world's population, in which political and cultural resistance will produce stringent Cyber Sovereignty and Data Localization policies with few if any human rights components.The article concludes that the more the Internet is “localized”, the more attenuated its benefits will become. The negative consequences of Data Localization will become increasingly obvious as new, data-intensive technologies become ubiquitous, creating a condition of “Data Dependence”. It is projected that in the future the nations with the least amount of Data Localization and the most open flow of information will be the most successful in benefiting from new data-intensive embedded, networked technologies. This will most likely be characterized by values adopted as policies and practices in the EU.

Is Data Protectionism Restricting Transborder Data Flows in Global Business Environment? - A Malaysian Insight -

Transborder data flows is digitally encoded units of information in which the transfer, storage, or processing takes place in more than one country using physical transportation by magnetic media, such as tapes, disks, or transmitted electronically over a terrestrial line, submarine cable, satellite link or the internet. These transmission of data by these modes usually involve some form of data processing or is accessible in another different country. It is quite common to process data of customers, suppliers and employees outside the country in today’s robust business environment. Nevertheless, data protection laws are making such processing of data difficult, if not impossible. Many laws have emerged in trade agreements such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the US-Mexico- Canada Agreement (USMACA) and in Europe, the OECD Privacy Guidelines, Convention 108 of the Council of Europe or the APEC-Cross Border Privacy Regulations System essentially to restrict transborder data flows. Malaysian Personal Data Protection 2010 is one of them. Amongst other reason why countries imposes laws to restrict transborder data flows are to safeguard the privacy of individuals and their personal data, to meet other regulatory objectives such as access to information for audit purposes and to protect information deemed to be sensitive from a national security viewpoint. Multinationals rely heavily on cross data flows for their day-to-day operations and they use data from their affiliates around the world for a large number of internal, or back office, tasks and even routine decisions. Cross border data transfers have also enabled the creation of many business types around the world. The writing of this article adopts a qualitative methods by referring to the available statutory laws and decided cases particularly in Malaysia with reference to the position in the European Union and other international documents laid down by Asia-Pacific Economic Cooperation (APEC) and Organisation for Economic Co-operation and Development (OECD). Thus, the objectives of this paper are to identify the issues relating to transborder data flows particularly by the business entities, to ascertain the relevant laws used to govern the issues and how to balance the legal requirements and the needs of data sharing for business purposes.

China’s personal information protection in a data-driven economy: A privacy policy study of Alibaba, Baidu and Tencent

By examining the privacy policies of leading Chinese Internet and information service providers (IISPs), this study found their privacy policies to be generally compliant with China’s personal information protection provisions. These IISPs use proper mechanisms showing their commitment, measures and enforcement to data security, but their Fair Information Practices need improvement. Personal information protection in China is severe. Privacy policies offer more ‘notice’ than they do ‘choice’. Chinese IISPs collect and use information extensively in the guise of providing value to users, but have given insufficient consideration to transborder data flows and change of ownership. Societal and technological mechanisms have not been widely sought.

Managing innovative company’s capital

Not many areas of European law proved themselves as controversial as data protection. The only case in which this issue could become more debatable is if personal data crosses EU borders. The transfer of personal data to third countries proved its disputed status when the CJEU invalidated the Safe Harbour Agreement, one of the frameworks for the transfer of personal data to the US and several more came under the CJEU’s scrutiny, including the Safe Harbour Agreement’s successor, the Privacy Shield Agreement. It has been suggested that some of these instruments for transfer need to be repealed or amended in order to be brought in conformity with the GDPR. The paper, after analysing each of the grounds for transfer which may be used by EU companies, argues that regardless of the recent entry into force of the GDPR, the data protection “revolution” is still not complete, at least as far the transborder data flows are concerned.

Teknologi Informasi untuk Perpustakaan, Pusat Dokumentasi dan Informasi

Information technology is the application of a knowledge systematically upon practical assignments within an industry. The application of information technology covering in a range of information system both for libraries and documentation and information centers generally is classified in to four main aspects, which are: library housekeeping, information retrieval, general purpose software and library networking. The impact of information technology in general are: if there is no expansion of working vacancies, an employment will occur, if there is no data protection due to transborder data flow, including sensitive information negative impact will occur in economy and culture sectors, copyright will not be backed up, it will be difficult to control the housekeeping of information

Is distributed ledger technology built for personal data?

Some of the appealing characteristics of distributed ledger technology (DLT), which blockchain is a type of, include guaranteed integrity, disintermediation and distributed resilience. These characteristics give rise to the possible consequences of immutability, unclear ownership, universal accessibility and transborder storage. These consequences have the potential to contravene data protection principles of Purpose Specification, Use Limitation, Data Quality, Individual Participation and Transborder Data Flow. This paper endeavours to clarify the various types of DLTs, how they work, why they exhibit the depicted characteristics and the consequences. Using the universal privacy principles developed by the Organisation of Economic Cooperation and Development (OECD), this paper then describes how each of the consequence causes concerns for privacy protection and how attempts are being made to address them in the design and implementation of various applications of blockchain and DLT, and indicates where further research and best-practice developments lie.

국경간 개인정보 이전 규제에 대한 개선방안 연구: EU사례를 중심으로

국경간 개인정보 이전 규제에 대한 개선방안 연구: EU사례를 중심으로

Digital Age 2.0 and its challenges on media ethics

We are currently living in the digital age, more commonly known as the Information Technology (IT) Age; which can be described as an era where every aspect of human life or activities are mainly information based. This is due to the development and use of technology. We live in a world that has become more open in the sense of communication (global village) and internationalization (trans-border flow of data). The revolution in Information technology is having its implications on our access to information. The digital space provides us with a vast expanse of data and information on a domain that is easily accessible to all. And as such the ethical aspect with regards to the data get threatened. This paradigm shift in this digital age brings new ethical problems which are mainly related to issues of media laws; such as the right of access to information, the right of privacy which is threatened by the emphasis on the free flow of information, and the protection of the economic interest of the owners of intellectual property. In this paper the ethical questions related to technology and its implications on media laws and ethics will be discussed. Specific attention will be given to the challenges these ethical problems pose to the information on the digital space.

Knowledge Management in a Global Context

This paper establishes a formal framework of managing knowledge assets in global enterprises. The suggested framework holistically integrates the following eight components: global information infrastructure, IT capabilities, global outsourcing, global information system design, development, and implementation, trans-border data flow, IT cultures, global virtual teams, and information resource management strategies, which serve as the crucial enablers of the success of knowledge management initiatives in a global context. Validated by a case study, the proposed framework provides meaningful insights for future research and valuable guidance for practicing managers of global knowledge management.

US Regulatory Values and Privacy Consequences

Europeans have long faced a regulatory challenge: how can the human rights and dignitary values that animate data protection law be protected in transborder data flows? With the proposal of the EU-US Privacy Shield, part of the challenge will be answered by the US Federal Trade Commission (FTC). The FTC is a small but powerful US agency established in 1914 to address problems of monopoly and trust. Shortly after its creation, the FTC turned its attention to consumer issues. Over the years, Congress has repeatedly empowered the FTC, and the agency has accomplished much on privacy matters. In a recent book, I recount the FTC’s privacy successes. But this article focuses on the limits of the FTC’s powers. The American business community has eschewed dignity as a privacy value in favour of economistic conceptions of privacy interests. This article explains how the FTC’s focus on economic liberty constrains how it can protect Europeans’ normative interests in privacy. First, this article recounts why the FTC has to find economic pretences to extend its reach to normative, dignity-based affronts to personality. The article then discusses the structural limits of the FTC and how these limits constrain privacy enforcement. The article concludes with a discussion of instruments that could bridge the gap between the FTC’s economistic conceptions of privacy and the values Europeans place on data protection.

REGULATING TRANSBORDER FLOW OF PERSONAL INFORMATION FOR DEVELOPMENT IN THE G77+CHINA GROUP

Transborder data flow (TBDF) has generated much controversy in this era of globalisation. Various questions regarding its exact nature, dimension and role have been raised by scholars. Nevertheless, the majority of scholars agree that TBDF is crucial for development in every state and even more important for developing countries. In spite of the general consensus that TBDF is vital for development, it raises some concerns such as the infringement of individuals’ right to privacy. This has made countries and international organisations regulate TBDF in data protection instruments. Such instruments in some cases put stringent conditions on TBDF, which could be an obstacle to the free movement of personal data across borders and may even serve as a non-tariff barrier against developing countries, including G77 states. The implication of this trend of events is that if G77 states do not take data protection and regulation of TBDF seriously, they may never benefit economically from developed countries. This will, of course, not sit well with the primary purpose for the establishment of the G77+China. With a special focus on the G77, this article examines the role of regulating TBDF in facilitating TBDF for economic development. This topic is crucial in the wake of various initiatives by the G77 to promote trade so as to foster development.

The right to be forgotten

ABSTRACTThe right to be forgotten gained international attention in May 2014, when the European Court of Justice ruled that Google was obligated to recognize European citizens’ data protection rights to address inadequate, irrelevant, or excessive personal information. As of April 14, 2015, Google received 239,337 requests to eliminate 867,930 URLs from search results and has removed 305,095 URLs, a rate of 41.5 percent. The right to be forgotten is intended to legally address digital information that lingers and threatens to shackle individuals to their past by exposing the information to opaque data processing and online judgment. There are a number of challenges to developing these rights – digital information means and touches so many aspects of life across cultures as they grapple with new policies. The controversial ruling and establishment of such a right, potential for a similar movement in the U.S., and future of transborder data flows will be discussed by this esteemed panel.

Book Review: Data Privacy Law: An International Perspective

A lacuna in literature which concerns data privacy from an international perspective would, put plainly, make any decent contribution to the law library welcome. At times fierce national and strong institutional stances on data protection matters have led to an increased risk of fragmented jurisprudence. Culture and history in this field are so often at play in the relevant tribunals and international courts: consider, for example, the recent ‘right to be forgotten’ ruling from the Court of Justice of the European Union and the Google response. Any attempt at a global analysis is therefore a complicated venture. Bygrave’s publication, however, offers more than a mere rhetorical contribution to an increasingly complex legal field; it is, perhaps, the most comprehensive book published on international data privacy law since Kuner’s Transborder Data Flows and Data Privacy Law (Oxford: OUP, 2013). Liddle provides a comprehensive review of Bygrave's work in this instance.

Clear skies or cloudy forecast?

Purpose – Using the example of audiovisual materials, this paper aims to illustrate how records-related and archival legislation lags behind advances in technology. As more audiovisual materials are created on the cloud, questions arise about the applicability of national laws over the control, ownership, and custody of data and records. Design/methodology/approach – This paper analyses court cases relating to audiovisual materials in the cloud and archival legislation from three Commonwealth countries: Canada, Australia, and Singapore – representing North America, the Pacific, and Asia respectively. Findings – Current records-related and archival legislation does not effectively address the creation, processing, and preservation of records and data in a cloud environment. The paper identifies several records-related risks linked to the cloud – risks related to the ownership and custody of data, legal risks due to transborder data flow, and risks due to differing interpretations on the act of copying and ownership of audiovisual materials. Research limitations/implications – The paper identifies the need for records professionals to pay greater attention to the implications of the emerging cloud environment. There is a need for further research on how the concept of extraterritoriality and transborder laws can be applied to develop model laws for the management and preservation of records in the cloud. Originality/value – The paper identifies record-related risks linked to the cloud by analyzing court cases and archival legislation. The paper examines maritime law to find useful principles that the archival field could draw on to mitigate some of these risks.

The work of revision of the Council of Europe Convention 108 for the protection of individuals as regards the automatic processing of personal data

Thirty years after the Convention 108 for the protection of individuals as regards the automatic processing of personal data was adopted, the Council of Europe launched a process of modernising this text in order to adapt it to the substantive technological revolutions that have occurred since its birth in 1981. After two years of work, the Committee of the Convention 108 (T-PD Committee) has adopted the proposal of a revised version of both the Convention 108 and its additional Protocol. This paper presents the main propositions of changes brought by the modernisation work. Major changes have been brought to certain definitions and to the scope of the Convention as well as to the basic principles and to the special regime for sensitive data. Important new rights have been added to the list of guarantees offered to data subjects. New duties appear now in the text. And the transborder data flow regime has been entirely rewritten.