Data free flow with trust: a collaborative path to progress (ICC)

Arguments

Emerging economies are grappling with the best mode for data flows and governance

Supporting facts:

• Tevin Kitonga works on data governance at the German Development Corporation and is based in Kenya.

Topics: Data flows, Data governance, Emerging economies

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Emerging economies are often more receivers of data than producers, causing an imbalance

Supporting facts:

• Because of technological advancements, many emerging economies feel they are at a disadvantage in the conversation of data flows

Topics: Data flows, Emerging economies

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Daniel wants examples of restrictions on non-personal data

Topics: Non-personal data, Data restriction

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The UK’s willingness to accept proposals like Nigeria’s on data flow exceptions for developing countries

Supporting facts:

• Emerging markets believe having some regulatory measures on data is necessary for economic development

• Nigeria has proposed having an exception for developing countries on data flows

Topics: Data regulation, Economic development, Emerging markets

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Report

Emerging economies are currently grappling with the best approach to data flows and governance. As technology advances, these economies feel they are at a disadvantage in the conversation about data flows, often being recipients rather than producers. However, some argue that data localization could support industrial growth within emerging economies.

By keeping data within their borders, these economies believe they can utilise it to boost their industries. To strike a balance, a hybrid data flow model is being tested in emerging economies, combining elements of data-free flows trust and Controlled, Positive Balance of Rights (CPBR).

There is also a recognition that regulation on data might be necessary for the economic development of emerging markets, with proposed exceptions for developing countries in data flows. It is clear that tailored approaches to data regulation are needed, taking into account the unique circumstances and interests of emerging economies.

The aim is to promote equitable data participation and sustainable growth in these economies.

Arguments

Data is crucial in our daily lives and trade

Supporting facts:

• Data underpins trade and innovation.

• Data flows are important for international production processes.

• Data flows cut costs and make processes more effective and efficient.

Topics: Data flow, E-commerce, International trade, Business

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Data flows add value to international market and trade, especially benefiting MSMEs

Supporting facts:

• Data flows provide businesses with easier, cheaper, and more straightforward access to the international marketplace.

• Data flows allows MSMEs to have better and faster access to critical knowledge and information.

Topics: Data flow, Trade, MSMEs

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UK aims to champion cross-border data flows internationally and prevent new barriers

Supporting facts:

• Data flow provisions are a core component of the UK’s international trade policy.

• UK works to prevent new barriers such as data localisation.

• UK uses trade agreements to promote high standards of data protection around the world.

Topics: Data flow, Digital trade, UK Digital Trade Strategy

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Ayesha Ali advocates for the need for rules and transparency for data protection

Supporting facts:

• Ayesha recognized the need for some protection around personal information

• She recognizes some countries may opt for a more protectionist approach for security and economic stability reasons

Topics: Data protection, Transparency, Security Concerns

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WTO is at the peak of discussions concerning enabling data flows

Supporting facts:

• Ayesha Ali mentioned that there are conversations happening within the WTO

• These discussions are pointed towards enhancing the flow of data

Topics: World Trade Organization, Data flows

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Data held in another country doesn’t necessarily benefit that country economically

Supporting facts:

• A study by the European Centre of Political Economy found substantial economic losses on productivity, growth, loss of competitiveness and investment in countries with data legislation

Topics: Data Regulation, Economic Growth

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Collaborating on open data with trust can lead to greater benefits

Topics: Data Sharing, Trust

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Emphasizes the importance of global collaboration, keeping abreast of changing technologies and economy, and continuous dialogue with businesses

Supporting facts:

• Spoken about G7 trade principles and e-commerce negotiations

• FTAs involve consultation with businesses to understand the evolving data needs

Topics: Internet of Things, AI, Trade Negotiations, E-commerce

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Ayesha Ali emphasizes on the value of international collaboration in handling data issues.

Supporting facts:

• Ayesha mentions the crucial need of continuous discussions and engagements on the data issue in the world we live in.

Topics: International Collaboration, Data Management

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Report

Data flows play a crucial role in trade and innovation, serving as the foundation for these processes. They not only reduce costs but also enhance efficiency and effectiveness. For international production processes, data flows are essential, as they allow businesses to streamline operations and expand their global reach.

This is particularly beneficial for Micro, Small, and Medium Enterprises (MSMEs), as data flows provide them with easier and more affordable access to international markets. Recognizing the significance of data flows, the UK is dedicated to championing cross-border data flows globally.

The country aims to prevent the imposition of new barriers, such as data localization, through its trade agreements. By incorporating provisions that promote high standards of data protection, the UK seeks to ensure that data flows remain uninterrupted and secure across borders.

Thus, the UK’s digital trade strategy focuses on facilitating the international exchange of data while maintaining privacy and security. However, some countries have taken a protectionist stance, implementing measures like data localization. Such an approach creates barriers to trade and investment, hinders innovation and cross-border cooperation, and undermines fair competition.

Ayesha Ali, an advocate for data protection, acknowledges the need for rules and transparency in safeguarding personal information. Nevertheless, she advises against unjustified data localization requirements and supports the establishment of universal digital trade principles that prioritize the free flow of trusted data.

The discussions surrounding data flows have become a key focus within the World Trade Organization (WTO). Ayesha Ali suggests that these conversations aim to enhance the flow of data and enable its smooth international exchange. She advocates for an ambitious, commercially meaningful, and practical agreement to be reached through these discussions.

The UK shares Ayesha’s perspective and continues to push for a mutually beneficial outcome aligned with its G7 digital trade principles and Free Trade Agreements (FTAs). It is important to note that data legislation can have significant economic consequences. Research conducted by the European Centre of Political Economy reveals substantial economic losses in countries with strict data legislation, including productivity, growth, competitiveness, and investment.

Conversely, collaborative open data initiatives based on trust can generate greater benefits for all stakeholders involved. This highlights the need to strike a balance between data protection and enabling data flows. To address security concerns related to open data collaboration, the UK is continuously working to enhance its cybersecurity measures.

By ensuring a robust cybersecurity framework, the UK aims to mitigate risks and protect shared data during collaborations. This proactive approach reinforces the country’s commitment to fostering a secure environment for data-driven partnerships. In the rapidly evolving data-driven economy, global collaboration and ongoing dialogue play a pivotal role.

Ayesha Ali emphasizes the importance of staying updated on changing technologies and economic trends and actively engaging in discussions and collaborations on data-related issues. By participating in global collaborations and negotiations, the UK strives to shape meaningful e-commerce rules that drive innovation, facilitate cross-border data flows, and foster a prosperous digital trade environment.

In summary, data flows are crucial for trade and innovation, resulting in cost savings and increased efficiency. The UK aims to lead in championing cross-border data flows while preventing barriers through trade agreements. However, a protectionist approach and unjustified data localization measures hinder fair competition and innovation.

Ayesha Ali advocates for universal digital trade principles and transparency in data protection. The World Trade Organization actively engages in discussions on enhancing data flows, which the UK supports. While data legislation can lead to economic losses, collaborative open data initiatives can bring greater benefits.

The UK prioritizes cybersecurity measures to address security concerns in open data collaboration. Finally, global collaboration and ongoing dialogue are essential in navigating the data-driven economy successfully.

Arguments

Non-personal data is essential for business

Supporting facts:

• Companies use non-personal data for Market research and analysis, Supply chain optimization, Product development, Financial analysis. Non-personal data also helps in Cyber resilience and Sustainability.

Topics: Market research, Supply chain optimization, Product development, Financial analysis, Cyber resilience, Sustainability, Commerce and Innovation

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Non-personal data can deliver immense economic and societal benefits

Supporting facts:

• Companies can analyze data from markets, increasing their consumer base and revenue potential. Non-personal data has been helpful during the COVID-19 pandemic to track disease and outbreak.

Topics: Economy, Society, COVID-19

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Supports a risk-based approach for the regulation of non-personal data

Supporting facts:

• Policies that would regulate the flow of non-personal data should balance the benefits that cross-border data transfers of non-personal data can provide with the level of risks that they can present.

Topics: Non-personal data regulation, Risk-based approach

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Extremely restrictive data policies in certain countries like China can be burdensome for businesses,

Supporting facts:

• China’s restrictive laws led to concerns about companies’ connections to global operations

Topics: Data regulation, China, Global operations

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The push to prevent data from leaving India to boost domestic industries was a concern for many businesses,

Supporting facts:

• India proposed a data privacy bill which expanded the scope and included no distinction between non personal and personal data

Topics: Data regulation, India, Trade

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Importance of trust in multiple dynamics such as between consumers and businesses, businesses and government and between governments

Supporting facts:

• Businesses need to handle consumer data responsibly and ensure transparency

• Businesses and governments need to balance transparency with policy objectives

• Trustful data flows are possible through multilateral cooperation mechanisms

• Businesses can build trust through responsibly managing personal data

Topics: trust, consumer protection, data management, transparency

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Utilization of non-personal data can be critical to daily business operations

Supporting facts:

• Non-personal data can improve efficiencies and reduce costs

Topics: Non-Personal Data, Business Operations

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Report

Non-personal data is a fundamental component of business operations in various areas. It is extensively used for market research, enabling companies to gather valuable insights and conduct analysis to better understand industry trends and consumer preferences. Non-personal data is also crucial for supply chain optimization, helping businesses streamline logistics, reduce costs, and improve efficiency.

Additionally, non-personal data plays a vital role in product development, allowing companies to identify customer needs, enhance existing products, and innovate new offerings. Financial analysis greatly benefits from non-personal data, providing companies with essential information for making informed decisions and managing risks.

Furthermore, non-personal data contributes to cyber resilience, allowing businesses to detect and mitigate cyber threats. It also supports sustainability efforts by assessing environmental impact, optimizing resource usage, and implementing greener practices. Non-personal data delivers immense economic and societal benefits. Companies can analyze market data to expand their consumer base and increase revenue potential.

During the COVID-19 pandemic, non-personal data played a crucial role in tracking disease outbreaks and enabling timely actions to mitigate the spread of the virus. However, concerns arise from increasing restrictions on non-personal data in the name of national security, hindering access to economies of scale and the development of technologies like artificial intelligence.

The regulation of non-personal data should adopt a risk-based approach, balancing the benefits of cross-border data transfers with potential risks. Restrictive data policies in countries like China burden businesses and their global operations. Additionally, India’s lack of distinction between personal and non-personal data poses concerns for data flow and businesses.

Building trust in handling data is paramount. To achieve trustful data flows, businesses should handle consumer data responsibly, ensure transparency, and protect privacy. Open dialogue between businesses, governments, and consumers, along with effective consumer protection measures, is crucial for finding the right balance between data utilization and privacy.

Utilizing non-personal data is critical for daily business operations, but regulation should be evidence-based and consider technical expertise. Rules should be flexible, interoperable, and technologically neutral, enabling innovation and progress. In conclusion, non-personal data significantly impacts business and society. By promoting responsible data management, transparency, and open dialogue, businesses and governments can harness its power to drive innovation, economic growth, and societal progress.

Arguments

Data should flow freely like water, and internet should keep this nature

Supporting facts:

• Makoto Yokozawa compares data to water flowing from higher places to lower places, implying data should flow freely

• Internet was essentially designed for the free flow of information/data

Topics: Internet, Data Flow, Data Governance

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Artificial intelligence (AI) is based on the free flow of data

Supporting facts:

• The smaller dataset in Japanese as compared to English reflected in the disparity in the number of items produced by AI, indicating AI effectiveness depends on the amount of sharable data

Topics: AI, Data Flow, Data Governance

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A number of interactions and agreements at the international level focus on cross-border data flow

Supporting facts:

• Events and agreements such as APEC SOMA senior official meetings, Hiroshima AI process, G7 digital ministerial and the summit, WTO MG13, IPEF and G20 have all discussed the importance of cross-border data flow

Topics: Data Governance, International Trade, Data Flow

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Stakeholder organizations should be organized in countries to lead data-driven life and businesses

Topics: Data-driven businesses, Data-driven life, Cross-border data flow

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Impartiality of treatment of foreign companies is a problem with non-personal data

Supporting facts:

• ICC discussions included most favored nation treatment, subsidies, and national preference treatment

Topics: Non-Personal Data, Company Treatment, Government Regulation

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Certain nations, like China, have a strong preference for data sharing limited to domestic companies

Supporting facts:

• China tends to limit data sharing to domestic companies

Topics: Non-Personal Data, Data Sharing, Domestic Companies, China

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Trust is the efficient process that can lead to more fruitful businesses

Supporting facts:

• If a company A trusts company B, there will be some efficient procedures that can exist

• Trust can mitigate the risk for businesses

Topics: Trust, Business

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Responsibility regarding data is important

Supporting facts:

• Includes the intermediary liability in the data-driven services

Topics: Data Responsibility, Intermediary Liability

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Development economies are crucial and should be considered carefully

Topics: Developing economies, Digital economy

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Report

The discussions surrounding data flow have revealed various arguments and perspectives. One key argument is that data should flow freely, akin to the movement of water. This idea stems from the belief that the internet was initially designed to enable the unrestricted flow of information and data.

Advocates, such as Makoto Yokozawa, draw parallels between data and flowing water to emphasize the need for unrestricted movement. This viewpoint carries a positive sentiment and underscores the inherent nature of the internet and the necessity for free data flow.

However, it is equally important to consider the responsible nature of data flow. In response to this, there is an argument that the concept of “free flow of data” should be complemented by the inclusion of trust. Japan proposes that the word “trust” be added to “free flow of data” to indicate the need for minimal rules or collaborative regulation.

This perspective highlights that total freedom does not equate to true freedom, and trust plays a pivotal role in establishing necessary rules. This viewpoint carries a positive sentiment, aligns with SDG 16: Peace, Justice, and Strong Institutions, and emphasizes the importance of responsible data flow.

Furthermore, the effectiveness of artificial intelligence (AI) is contingent upon the availability of extensive and diverse datasets. This perspective emphasizes that AI relies on the free flow of data to function optimally. It carries a positive sentiment and supports SDG 9: Industry, Innovation, and Infrastructure.

From an economic perspective, the efficient cross-border flow of data is deemed crucial in various aspects of life and business. Different data flow regulations significantly impact businesses and individuals, with factors such as climate change, human rights, personal data protection, cybersecurity, intellectual property protection, and digital rights being affected by and affecting data flow.

This viewpoint carries a positive sentiment and aligns with SDG 8: Decent Work and Economic Growth as well as SDG 9: Industry, Innovation, and Infrastructure. Additionally, international interactions and agreements place significant emphasis on cross-border data flow. Various events and agreements, such as APEC SOMA senior official meetings, Hiroshima AI process, G7 digital ministerial and summit, WTO MG13, IPEF, and G20, highlight the importance of this issue.

This perspective supports the positive sentiment towards cross-border data flow and aligns with SDG 17: Partnerships for the Goals. Stakeholder organizations are essential in leading a data-driven society and business environment. It is proposed that such organizations should be established within countries to effectively guide and manage the processes involved in data usage.

This perspective carries a positive sentiment and aligns with SDG 9: Industry, Innovation, and Infrastructure. However, there are challenges and issues related to data flow. The impartial treatment of foreign companies concerning non-personal data is a concern. Discussions on this topic revolve around issues such as most favored nation treatment, subsidies, and national preference treatment.

This perspective carries a negative sentiment and highlights potential disparities in the treatment of foreign companies. Another issue is the forced sharing of data without ensuring equal rights to utilize high-value data sets. Reports suggest that European and Japanese companies in India are sometimes compelled to provide data to the public without having the same rights and opportunities to derive value from the shared data.

This perspective carries a negative sentiment and indicates potential unfair practices. Certain nations, like China, exhibit a strong inclination towards limiting data sharing to domestic companies. This perspective carries a neutral sentiment and suggests that some countries prioritize the use and sharing of data within their domestic boundaries.

Trust is highlighted as a crucial factor in ensuring efficient and successful business processes. If a company trusts another company, more efficient procedures can be established, thereby mitigating risks. This perspective carries a positive sentiment and supports SDG 8: Decent Work and Economic Growth.

The importance of data traceability is stressed in maintaining trust. Traceability plays a vital role in areas such as learning from data, personal data protection, and resolving disputes arising from misinformation or disinformation. Additionally, transparency in data logistics is deemed necessary.

This viewpoint carries a positive sentiment and aligns with SDG 9: Industry, Innovation, and Infrastructure as well as SDG 16: Peace, Justice, and Strong Institutions. Responsibility and ethical considerations concerning data are deemed crucial. This includes addressing intermediary liability in data-driven services.

This perspective carries a positive sentiment and supports SDG 9: Industry, Innovation, and Infrastructure. The development of economies, particularly in relation to the digital economy, is deemed critical and requires careful consideration. This perspective carries a positive sentiment and emphasizes the need for inclusive growth and development, aligning with SDG 8: Decent Work and Economic Growth.

To thrive in the digital era, developing countries are encouraged to quickly adopt a multi-stakeholder approach. This perspective highlights the importance of involving various stakeholders to address the challenges and opportunities presented by the digital world. This viewpoint carries a positive sentiment and aligns with SDG 9: Industry, Innovation, and Infrastructure as well as SDG 10: Reduced Inequalities.

In conclusion, the discussions on data flow encompass various arguments and perspectives. While there is recognition of the need for data to flow freely to unleash its full potential, responsible and ethical considerations, as well as the establishment of trust and regulations, are deemed essential.

The role of data flow in supporting AI, economic growth, international agreements, stakeholder organizations, and the development of economies is acknowledged. However, challenges such as the treatment of foreign companies, forced data sharing, and restrictions on data sharing in certain nations persist.

Trust, traceability, responsibility, and a multi-stakeholder approach are crucial in navigating the complexities of data flow in the digital era.

Arguments

The free flow of data across borders underpins the global economy and enables trade, economic and social growth, and overall GDP growth

Topics: Data Flow, Global Economy, Cross-border Trade, Economic Growth, Social Growth, GDP Growth

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Data flows are a formidable engine of innovation and competitiveness, and a powerful catalyst for socio-economic empowerment and central to achieving sustainable development goals

Topics: Data Flow, Innovation, Competitiveness, Socio-Economic Empowerment, Sustainable Development Goals

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Growing mistrust in data flows and cross-border data transfers due to concerns of national security, privacy and economic safety might compromise when data leaves borders which fuels restrictive policies and measures

Topics: Data Flow, Cross-border Data Transfers, National Security, Privacy, Economic Safety, Digital Protectionism, Data Mercantilism, Data Localization

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Session aims to explore how the true value of data and data flows can be unlocked while reinforcing trust elements to safeguard privacy, security, and intellectual property and maintain cross-border data flow with proper governance frameworks

Topics: Data Flow, Data Value, Trust Elements, Privacy, Security, Intellectual Property, Cross-border Data Flow, Governance Frameworks

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Peter agreed broadly with UK policy on data transfer and highlighted the need for multilateral agreements instead of bilateral ones

Supporting facts:

• UK has taken steps especially with the US and the transatlantic framework EU and UK that are now in place for free flow of personal data post the SREMs decisions

Topics: UK policy, Data transfer, Multilateral agreements, Bilateral agreements

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Peter detailed out the challenges of global data transfers between democracies and non-democracies

Supporting facts:

• Situation becomes complicated with unilateral decisions, sudden change where data can’t be transferred to certain countries

Topics: Global data transfers, Democracies, Non-democracies

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The default position is that the internet and our global interconnected digital and physical lives are based on being able to support connections through trade and personal connections

Supporting facts:

• The way that our interconnected global world is set up is to have the necessity of these flows is really at the bottom of all of this.

Topics: Internet, Global Interconnectedness, Trade, Personal Connections

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It’s essential to maintain the functionality of global data flows, but also ensure it’s not an anarchy of freedom, but freedom with trust.

Supporting facts:

• Free is not non-responsible. Perfect freedom does not exist and is not a real freedom, suggesting the need for some form of regulatory framework

Topics: Global Data Flow, Trust, Regulations

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Data is super important, rules for its protection must be transparent and common

Supporting facts:

• Some countries have a more protectionist approach towards data

Topics: Data protection, Transparency, Common rules

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Consideration for data protection regulation is vital

Supporting facts:

• need for data protection regulation was emphasized

Topics: data protection, regulation

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Consideration for trade partners and approaches in the framework

Supporting facts:

• importance of trade approaches was highlighted

Topics: trade relations, framework

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Stakeholders, particularly those in the private sector, should be involved in shaping these frameworks

Supporting facts:

• suggestion of involving stakeholder organizations in leading data-driven businesses was made

Topics: stakeholders, private sector, frameworks

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Country-specific data regulations, such as those in China and India, have had significant impacts on businesses.

Supporting facts:

• China put super restrictive laws that were a concern to global operations of businesses.

• India’s data privacy bill expanded scope to non-personal and personal data, causing strong reaction from various business sectors.

Topics: Data Regulation, China, India

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Deena Magnall supports responsible use of non-personal data should be promoted.

Supporting facts:

• Specific protections related to IP, trade secrets, etc., are needed.

• Businesses need to put in place Cyber security measures.

Topics: Data Usage, Non-personal Data

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There are greater gains in collaborating on open data with trust rather than holding data in a specific country

Supporting facts:

• Study by the European Centre of Political Economy found economic losses on productivity, growth, loss of competitiveness and investment due to data localization in seven jurisdictions including China and India

• UK recently published an updated national cyber security strategy

Topics: Data legislation, Data localization, International collaboration, Cyber security

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The need for government access to data within a trusted framework.

Supporting facts:

• Government access to data is integral part of data governance

Topics: Government access, Data Privacy, Legislation

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The importance of people being able to enforce their personal data and IP rights.

Supporting facts:

• Individuals must have mechanisms to enforce their rights wherever the data is held

Topics: Data Rights, IP Protection, Data Governance

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The potential for discrimination due to limited data sets in generative AI.

Supporting facts:

• Generative AI relies on extensive data sets and lack of data diversity may result in biased outputs

Topics: Artificial Intelligence, Generative AI, Data Bias, Discrimination

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The need to be nimble due to the rapid technological changes.

Supporting facts:

• The pace of change suggests that existing legislation may not be fully suited to emerging needs

Topics: Digital Transformation, Artificial Intelligence, Data Growth

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Importance of data for shared, inclusive development, driving growth, innovation, and development

Supporting facts:

• Data underlines social, economic, and environmental development

• Data flow enables continued growth and innovation

Topics: Data flow, Innovation, Development

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Differentiation in handling personal and non-personal data

Supporting facts:

• Both types of data require distinct approaches and protections

• Data is best when it’s shared, transmitted, and exploited for positive use

Topics: Data management, Personal data, Non-personal data

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Need for balance in various aspects of data handling and policy

Supporting facts:

• Balance needed between enforcing rights and fostering innovation

• Need to balance between protecting trade secrets and transparency

Topics: Data policy, Balance, Innovation, Rights enforcement

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Importance of transparency and dialogue in building trust

Supporting facts:

• Continued dialogue needed among consumers, policymakers, industry

• Trust starts with transparency

Topics: Transparency, Trust, Dialogue

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Adapting to multi-stakeholder approach is necessary for developing economies

Supporting facts:

• Kenya, a developing country, asked question about adapting to digital economy

• The question addresses the involvement of small businesses and consumers living in the digital world

Topics: Digital Economy, Developing Economies, Multi-stakeholder approach

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Report

In a discussion about the free flow of data across borders, the speakers emphasized its importance in supporting the global economy, trade, and social growth. They argued that the free flow of data underpins the global economy and plays a crucial role in enabling trade, economic growth, and overall GDP growth.

Data flows were also seen as a powerful engine of innovation and competitiveness, essential for achieving sustainable development goals and socio-economic empowerment. However, concerns about national security, privacy, and economic safety have arisen, leading to the implementation of restrictive policies and measures.

These concerns have led to a growing mistrust in data flows and cross-border data transfers. The speakers highlighted the need to address these concerns and maintain trust while safeguarding privacy, security, and intellectual property. Proper governance frameworks were considered necessary to ensure the smooth flow of data across borders.

Country-specific data regulations, such as those in China and India, were mentioned for their significant impact on businesses. Restrictive laws in China and India’s expanded scope of data privacy regulations were seen as challenges that businesses must navigate. The responsible use of non-personal data was also emphasized, with specific mention of the need for protections related to intellectual property and trade secrets.

Businesses were urged to implement cybersecurity measures to ensure the secure sharing and exploitation of data. Collaboration and trust were identified as critical factors for global data flows. It was stressed that maintaining the functionality of data flows requires transparency and common rules for data protection.

The potential for data bias in artificial intelligence (AI) was discussed, with a focus on the importance of addressing data bias to prevent discrimination. The speakers also highlighted the need to adapt to rapid technological changes, acknowledging that existing legislation may not be fully suited to emerging needs.

They emphasized the differentiation between personal and non-personal data and the importance of individuals having mechanisms to enforce their data and intellectual property rights. A balanced approach to data handling and policy was advocated, taking into account the enforcement of rights, fostering innovation, protecting trade secrets, and ensuring transparency.

Transparency and dialogue were seen as crucial in building trust, with continued dialogue among consumers, policymakers, and industry seen as necessary. Finally, the significance of a multi-stakeholder approach, especially for developing economies, was emphasized. Adapting to a multi-stakeholder approach was seen as essential, as it involves the involvement of small businesses and consumers in the digital world.

In conclusion, the speakers highlighted the importance of the free flow of data in supporting the global economy, trade, and social growth. They stressed the need to address concerns related to security, privacy, and economic safety while maintaining trust and safeguarding intellectual property.

Proper governance frameworks, collaboration, transparency, and dialogue were considered crucial for the successful flow of data across borders. The impact of country-specific data regulations, responsible use of non-personal data, data bias in AI, adaptability to rapid technological changes, differentiation between personal and non-personal data, balanced data policy, transparency, and dialogue were all discussed as key considerations.

Additionally, a multi-stakeholder approach was seen as essential, particularly for developing economies.

Arguments

The UK, EU and US are proceeding with bilateral agreements for data flow rather than multilateral ones

Supporting facts:

• The UK government has taken steps especially with the US and the transatlantic framework EU and UK that are now in place for free flow of personal data post the SREMs decisions.

Topics: Data privacy, International trade, Bilateral agreements

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Financial and bureaucratic consequences due to varying data transfer laws

Supporting facts:

• We need to think about the impact on trade, which is huge, especially in terms of outsourcing use of cloud provider services.

Topics: Data privacy, International trade

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Advocates for a common framework, such as APEC cross-border privacy rules, for emerging economies to trail

Supporting facts:

• APEC cross-border privacy rules are seen as a good enough framework

• Framework would have enforcement mechanisms and measures to protect personal information

• Approach would allow trusted free flow of data

Topics: Data Flows, Emerging Economies, APEC cross-border privacy rules

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Need for framework on trusted government access to data

Supporting facts:

• Peter Farrell suggests that trusted access to data by governments could foster trust and build more enabling data frameworks

Topics: Data accessibility, Government regulation, Trust

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Enforcement of personal data rights and IP rights

Supporting facts:

• Peter Farrell emphasizes on the need for frameworks that enable individuals and companies to enforce their rights, irrespective of where the data is held

Topics: Data protection, IP rights

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Generative AI needs access to large datasets to function efficiently and avoid discrimination

Supporting facts:

• Generative AI relies on vast amounts of data sets. The AI could come up with a discriminatory answer if it hasn’t got a large data set.

Topics: Artificial Intelligence, Data access

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Existing legislation might not be fully appropriate considering fast technology changes

Supporting facts:

• Peter Farrell comments that the current legislation may not be completely fit for purpose to what’s coming on technological front.

Topics: Legislation, Technology changes

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The free flow of cross-border data underpins the global economy, contributing to an estimated 65% of global GDP by the end of 2023

Supporting facts:

• Free flow of data will become even more critical as AI and AI-generated knowledge become more prevalent

Topics: cross-border data, global economy, GDP

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The choice between enabling the global economy through the free flow of data versus a more restrictive approach that benefits only a few

Supporting facts:

• Going for a free flow of data can potentially lead to exponential growth and benefits for many

Topics: global economy, data flow, restrictive policies

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Report

In the context of data flow and privacy agreements, the discussion revolves around bilateral agreements between the UK, EU, and US, as opposed to multilateral agreements, which are seen as complicating matters for businesses. Businesses tend to prefer a set of global rules that provide clarity and consistency in data transfer.

The challenge lies in the confusion faced by businesses in understanding the specific requirements and obligations when it comes to transferring personal data across borders. This is particularly relevant in the context of financial and bureaucratic consequences due to varying data transfer laws.

Another key aspect highlighted is the need for clear rules on government access to data and oversight. It is suggested that a proportionate approach should be taken into account, considering the level of intrusiveness when it comes to protecting privacy rights and freedoms.

There should not be significant interference with cross-border data flows that are necessary for business and trade. The conflict of law arising from extraterritorial legislation is another challenge faced by businesses. This refers to situations where different governments have laws that apply outside their jurisdiction, resulting in businesses struggling to comply with the laws of multiple countries simultaneously.

This can create legal complexities and potential conflicts for businesses operating in multiple countries. Advocates argue for the adoption of a common framework, such as the APEC cross-border privacy rules, for emerging economies to follow. This framework would entail enforcement mechanisms and measures to protect personal information, enabling a trusted free flow of data.

It is believed that such a common set of rules and regulations would provide safeguards and regulatory instruments to protect personal information in each country. Trusted access to data by governments is suggested as a means to foster trust and build more enabling data frameworks.

This would involve governments having clear rules and regulations regarding access to data while ensuring privacy and security. The enforcement of personal data rights and intellectual property (IP) rights is deemed essential. There is a need for frameworks that empower individuals and companies to enforce their rights, regardless of where the data is held.

This ensures that individuals and companies have the necessary tools to protect their data and intellectual property. The reliance of generative artificial intelligence (AI) on large datasets is highlighted. Generative AI requires vast amounts of datasets to function efficiently and avoid discriminatory outcomes.

Access to large datasets is crucial for generative AI to provide unbiased and accurate results. It is observed that existing legislation may not be fully appropriate considering the rapid pace of technological changes. This implies that there is a need to evaluate and potentially update legislation to keep up with evolving technologies and their implications.

The free flow of cross-border data is considered vital for the global economy. It is estimated that by the end of 2023, the free flow of data will contribute to approximately 65% of global GDP. This highlights the significant role that data flows play in supporting economic growth and innovation.

However, there is a potential shift towards protectionism by some governments. This can be detrimental to the benefits derived from data use and can lead to restrictions on data flow. Some governments, while pushing for restrictiveness and protectionism, fail to acknowledge the growing need for data and the potential exponential growth and benefits it can bring.

In conclusion, the discussion on data flow and privacy agreements highlights the complexity and challenges faced by businesses in navigating varying laws and regulations. It emphasizes the importance of clear rules, trustworthy frameworks, and the protection of personal data and IP rights.

The free flow of data is seen as crucial for economic growth and innovation, although some governments’ protectionist tendencies pose potential obstacles.