Cross-border flow of personal data: globalized Internet and fragmented (inter)national regulations

Personal data is the fuel of the digital economy. However, in the globalised world of personal data being used over the Internet, there is a lack of harmonized international governance mechanisms. A typical example is the ideological, legal and functional divergence in data regulations between countries in the Asia-Pacific region.

This webinar will explore the conflicts and challenges brought by globalized Internet and fragmented international regulations. Using a comparative-law and multilayered approach, it aims to analyze the potential for future law reform.

Speakers and topics

• Dr Robert Walters, Victoria University

The Evolution of Data Protection Law and Cross Border Data Flows in the New Digital Economy.

This paper examines the role personal data plays in the evolving digital economy. From its beginning as a rights-based concept, data was regulated to protect the privacy of individuals over the Internet. Yet, today, increasingly as technology evolves this data is being a core component of trade, business, law enforcement, national security, defense amongst others. This paper explores the rights-based approach to regulating data. It further examines the value of the trade in data, and how that data is increasingly being used in sectors such as agriculture, environment, consumer – customer, health and education, transport and infrastructure [ITC]. On the backdrop of the above, the paper will address a further accentuating question as to how far, if at all, the cross-border data flows are being considered in the area of national security and defense. It proposes a way forward by establishing an international harmonised policy approach that, will assist with future law reform between all nation states.

• Mr Ken Dai, Dentons China

Regulatory Restrictions on Cross-border Data Transfer under PIPL and DSL in China.

With the enactment of the PRC Data Security Law (DSL) and Personal Information Protection Law (PIPL), China has provided the regulatory requirements on dealing with data cross-border, including the important data and personal data. The proposed discussion will focus on how China has developed the enforcement regime of data cross-border transfer and the impact (such as more data localization setting and the procedure of handling security assessment under certain circumstances) of such arrangement on business operation in Chinese market.

Graduated from the University of Bristol in the UK, Ken Dai is one of the pioneering lawyers in China practicing in the area of data protection. Since 2012, he has been offering professional legal services upon the application and enforcement policies of relevant laws in data and privacy protection sphere for multinational corporations and large-scale enterprises, including: (1) reviewing and revising privacy policies, (2) advising on the data protection & privacy issues pertain to employment, (3) issuing compliance opinions upon cross-border transfer of data, (4) analysing the feasibility of business modes from the perspective of data and privacy protection, (5) advising on the data protection & privacy issues pertain to cross-border litigation, arbitration and investigation, (6) advising on the legislation and enforcement trend of data protection & privacy, and cybersecurity, (7) advising on the intersection between data and competition. Ken was ranked as one of the “Client Choice Top 20 Lawyers” by Asian Legal Business (ALB) in 2014 and 2017, and as Competition Lawyer of the Year in China by Corporate INTL in 2017.

• Professor Leon Trakman, University of New South Wales

Regulating Data Flows in the Digital Economy: Ideological, Legal and Functional Divergence.

A formidable challenge for national and international regulators is to develop a compatible legal regime to regulate cross border data flows. Their obstacle is to respond to ideological, legal and functional divergence over data protection across national boundaries. Their task is to remedy the aberrant consequences of regulatory inertia and inconsistency in regulating data flows efficiently and fairly. This presentation explores these obstacles and challenges. It concludes with possible pathways to ensure greater legal harmonisation across nation states.

Moderator

Associate Professor Jie (Jeanne) Huang, Sydney Law School

Friday 22 October 2021, 1-2pm AEDT

You will receive Zoom details closer to the date of the event.

This event is sponsored by the Centre for Asian and Pacific Law at the Sydney Law School.

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