Posts Under: International Policy

France’s Extraterritorial Interpretation of the Right to be Forgotten Goes to the European Court of Justice

Does the EU’s right to be forgotten extend to the whole world?  The French data protection authority, CNIL, says yes and wants search engines to delist search results which contain information that violates the European Union’s right to be forgotten – not just for French users, not just for European users, but for all users everywhere. Google is prepared to remove offending search results for European users, but balks at removing material globally just because European courts find that it violates European privacy rules. 

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G20 Makes the Right Calls on “Harnessing Digitalisation”

The July 7-8, 2017 G20 Leaders’ Declaration includes good language on harnessing digitalization.  SIIA hopes that the ideas in this and other sections of the Declaration will contribute to “Shaping an interconnected world.”   Supporting the free flow of information while respecting applicable legal frameworks for privacy, data protection, and intellectual property rights is the correct approach.  The leaders said that the G20 Roadmap for Digitalisation, which can be found here (see Annex paper 1), will guide future work.  The roadmap contains 11 policy areas where the G20 would like to see action. The G20 wants to improve world-wide access to digital technologies, which means more people need to have access to the Internet.  So, the leaders encourage G20 countries to develop digital strategies that support the ITU’s Global Connect 2020 Agenda goals.  The optimal way to do so is for countries to have a regulatory environme ...

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EU-Japan Economic Partnership Agreement Falls Short on Data Flows

Today, the EU and Japan announced political agreement in principle on an Economic Partnership Agreement.  Overall, this should be a positive development for EU and Japanese workers, consumers, and businesses.  But, it does fall short in one crucial regard.  There is no binding data flow obligation yet.  SIIA put out a statement on this gap today.  Instead of a binding data flow commitment now, the two sides agreed to conclude an accord on data flows in early 2018. 

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Big Data: A Twenty-First Century Arms Race Report Launch

The Atlantic Council and Thomson Reuters released a timely report on “Big Data: A Twenty-First Century Arms Race” on June 27, 2017, at a well-attended event at the Atlantic Council’s Washington, D.C. headquarters.  Policymakers all over the world should be aware of the powerful tools at their disposal such as World-Check to address political and economic threats.  This is something of a theme for SIIA.  Recently, for example, we wrote about how artificial intelligence (AI) can help in the anti-money laundering (AML) fight.   We have also written about how FICO’s AML tool works.  The Atlantic Council report contains many realistic policy recommendations, which policymakers from different regulatory “silos” should review.  This is another theme for SIIA.  Regulators and policymakers should engage in regular dialogue with each other.  For example, financial supervisors and privacy regulators should talk to ea ...

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Industry Collaboration Promises Substantial Progress in Battle Against Terrorism Online

The threat of terrorism is an all-hands-on-deck challenge, requiring substantial effort not only from national security and law enforcement professionals, but also from citizens and public and private entities. It is well known that terrorists have taken to online platforms in their effort to spread their messages of hate and violence. In response, social media and other online platforms have been working diligently for years to mitigate the threat of terrorism. Recently, these efforts have also enlisted the help of artificial intelligence (AI) to assist analysts in identifying and blocking terrorist propaganda. These efforts are very effective, but as the threat continues to grow, so too does the need to maximize the response. more

Only Congress Can Fix Our International Legal Framework

On Friday, the U.S. Department of Justice filed a petition seeking the Supreme Court to consider an ongoing legal case about access to data stored overseas.  But the courts are powerless to craft a balanced policy for law enforcement access to data stored abroad.  Only Congress can do it.

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Promoting the FinTech Revolution

As FinTech has expanded, so has the desire to ensure that the field remains competitive, innovative, and responsive to consumer demands. In our response questionnaire to the European Commission’s Public Consultation on FinTech, we highlight the potential of FinTech for consumers and businesses, and note where current law works to assure innovation and consumer protection. Where new measures might be needed, a harm-based approach to regulation would be optimal both from the perspective of protecting consumers and from the perspective of encouraging adoption of this technology with all of the attendant potential benefits for consumers. Instead of focusing regulation on the technology used to conduct activity, regulators should focus on the activity itself. In doing so, regulators will remain technologically neutral.

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Productivity Remains Key for Prosperity and Good Policy Remains Key to Raising Productivity

Gavyn Davies writes in an April 30, 2017 Financial Times piece that “there have been some signs that productivity growth may be starting to recover from the low points reached a few years ago.”  Davies notes that Jan Hatzius from Goldman Sachs shows somewhat improving labor productivity growth starting in 2016 – Hatzius used official data and numbers from the Institute for Supply Management (ISM) purchasing manager’s index.  And Juan Antolin-Diaz is slated to publish work in the Review of Economics and Statistic next month showing an increase in trend productivity growth from 0.3% in 2012 Q2 to 0.7% now.  Davies himself, however, concedes that these numbers are tentative.

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Chinese Proposed Cross-Border Data Flow Rules Contradict an Emerging International Default Norm for Cross-Border Data Flows

The Cyberspace Administration of China (CAC) recently issued draft “Security Assessment Measures for the Cross-Border Transfer of Personal Information and Important Data.” The draft comes in the context of the Chinese Cybersecurity Law, which is scheduled to be implemented on June 1, 2017.  The National Security Law of China likely also influenced this draft. 

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Trade Agreements and Data Protection: Changing GATS Article XIV is Not the Way to Go

In a March 30, 2017 opinion piece, “Don’t trade away data protection,” two leading Members of the European Parliament, Viviane Reding and Jan-Phillip Albrecht, suggest “strengthening data protection safeguards in the General Exception (known as GATS XIV) and E-Commerce chapters, and removing necessity and consistency tests.”  The idea behind the proposal is to make absolutely certain that the General Data Protection Regulation (GDPR) and perhaps other parts of the EU privacy acquis could not be successfully challenged as inconsistent with an affirmative cross-border data flow obligation.  This is a topic SIIA will comment on again in the coming months, likely in a longer form Issue Brief.  This blog discusses the proposal to remove the necessity test.

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