Posts Under: europe

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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What Internet Platforms are Doing About “Fake News” and Why it Matters

At last week’s RightsCon in Brussels, much of the talk was about “fake news” and what to do about it.  I was on one of several panels devoted to the topic and found the conversation enlightening.  Here’s what I said and some of my reactions from the panel. The panel’s title was “Resisting Content Regulation in the Post-Truth World: How to Fix Fake News and the Algorithmic Curation of Social Media.”  So, unsurprisingly, the panelists largely agreed that the government should stay out of the way. I met no resistance when I said that freedom of expression means that governments should not determine what is or and what is not fake news; that’s a path to censorship, and we don’t want to go there. I also got buy-in from my second big point, which was that Internet platforms are playing and ought to play a crucial role in controlling the spread of fake news. This role has two distinct components.  Platforms ha ...

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Europe Does Better on the Right To Be Forgotten

In a significant ruling, earlier this month, the European Court of Justice ruled that an individual’s privacy interest in limiting the disclosure of personal information does not generally override the interest in public disclosure about company officials. The ruling protects the public interest in transparency about governance of public companies; preserves the capacity of stock holders to assess companies accurately and protect their legal rights with respect to them; and reaffirms the legitimacy of data processor access to personal information in public data bases about companies.

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Member Q&A: How Incisive Media Drove Audience Engagement From 10% to 60%

In speaking last week with Michelle Godwin, head of enterprise sales for London-based Incisive Media, the biggest takeaway is their commitment to face-face communication—both in holding on-site product how-tos, and especially in challenging sales people to schedule five face-to-face meetings a week.

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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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