Posts Under: Data Flows

Data Flows and the Surveillance Debate: Let's Have a Candid Discussion

Those of you who read SIIA blogs, statements, and testimony know that we are big proponents of data-driven innovation.  For such innovation to achieve its full potential, cross-border data flows are essential.  That is why we support Trans-Pacific Partnership (TPP) digital provisions so strongly and consider them a floor for additional digital provisions in the Transatlantic Trade and Investment Partnership (TTIP) and Trade in Services Agreement (TISA).  We support interoperability mechanisms such as the EU-US Privacy Shield that allow companies to transfer data from one jurisdiction to another as long as they comply with the rules established in the mechanism.  This has nothing to do with undermining societal values such as privacy and everything to do with creating law-based data transfer mechanisms as we demonstrated at an October 9, 2015 Geneva event for TISA negotiators.  We are strong supporters of the EU-US Privacy Shield because it has the potential, ...

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Economic and Trade Impacts of Data Flows European Parliament Breakfast Debate

The European Parliament’s Pilar del Castillo led a February 17, 2016 breakfast debate on the economic and trade impacts of data flows.  The event was organized under the auspices of the European Internet Forum with SIIA serving as the industry lead organizer.   The speakers emphasized the following elements in the data flow debate.   Data flows matter to what might be considered traditional industrial enterprises as much as they matter to “technology” sector companies.  The EU has offensive digital trade goals – the recently concluded EU-U.S. Privacy Shield might make it easier for the Commission to pursue those goals in the Transatlantic Trade and Investment Partnership (TTIP) and Trade in Services Agreement (TISA) negotiations.  Common cooperative regulatory mechanisms need to be created in order ensure that data flows can continue to underpin global value chains (GVCs).  Europe-wide initiatives such as the Single Paymen ...

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Text Release Shows TPP Countries Get Cross Border Data Flows Right

The Thursday November 5 release of the Transpacific Partnership (TPP) agreement text shows that the 11 negotiating countries got the data flow provisions right. The 21st century electronic commerce chapter provisions will benefit many sectors beyond the software and information industries that SIIA represents.

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THE TIME TO ACT ON JUDICIAL REDRESS IS NOW

There is a growing and strong business coalition urging action on the Judicial Redress Act.  The coalition sent a letter to Speaker John Boehner and Minority Leader Nancy Pelosi today.  We are hoping that the House of Representatives passes the Act through a suspension vote next week.

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European Court of Justice’s Decision on the Schrems Case is a Blow to Transatlantic Data Flows

Yesterday, the European Court of Justice (ECJ) handed down its decision on the Schrems Case, a lawsuit against Facebook regarding data privacy.  The court’s decision determined that the U.S. – EU Safe Harbor Agreement is invalid.  This decision will create legal uncertainty for over 4,400 companies in the Safe Harbor as they may no longer use the Safe Harbor as a basis for transferring data between the United States and the European Union.  Upon news of the decision, SIIA issued its comments to voice deep concern about its effects on data flows and digital trade.

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European Court of Justice’s Decision on the Schrems Case is a Blow to Transatlantic Data Flows

Yesterday, the European Court of Justice (ECJ) handed down its decision on the Schrems Case, a lawsuit against Facebook regarding data privacy.  The court’s decision determined that the U.S. – EU Safe Harbor Agreement is invalid.  This decision will create legal uncertainty for over 4,400 companies in the Safe Harbor as they may no longer use the Safe Harbor as a basis for transferring data between the United States and the European Union.  Upon news of the decision, SIIA issued its comments to voice deep concern about its effects on data flows and digital trade.

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A Better Way to Think About the Microsoft-Ireland Case

The Microsoft Ireland case goes before a Second Circuit Court of Appeals on September 9.  The case raised this fundamental question: when U.S. law enforcement wants a U.S. email provider to provide them with information about a foreign national, whose law applies?  U.S. law or the law of the data subject’s country?  Microsoft’s brief, the United States brief, and legal commentary all focus on the location of the data as the key element in reaching a decision.  But this leads to insoluble difficulties, not matter who wins the case. A better alternative would focus on the citizenship or the location of the user as the key element.  This appropriately takes into account the privacy interest of the user in that country as well as the sovereignty interests of the country itself.

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SIIA Participation in July 2 Berlin Data Conference

I spoke on July 2 in Berlin at a conference organized by the German Standards Agency (DIN) on “Data protection in the EU and Germany – Impediment or basis of our digital future.”  SIIA was one of the sponsors of this important event.  DIN put together a terrific program with a good blend of proponents of European data protection approaches and perspectives from industries in the forefront of data-driven innovation.

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Transatlantic Partners See Opportunity in the Digital Space

The narrative on transatlantic digital economy relations is often focused on the differences, rather than the excitement, that many see in the European Union and the United States for the contribution that Internet-enabled commerce, based on free data flows, can make in generating growth and employment.  Without downplaying the differences – there are issues both sides must work through – the reality is that what unites us transcends what divides us.

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