2020 Volume 4 Issue 2 Pages 1-23
The dramatic development of ICT has made it possible technologically to flow personal data on a global scale and data traffic has been steadily expanding. However, there have been legal barriers to prevent transborder data flows. This issue was already discussed in the OECD more than 40 years ago. I recall it by having been involved in the process of the mutual adequacy recognition between Japan and the EU and fully feel it necessary to proceed discussions on how to realize free flows of personal data on a global scale.
Transborder flows of personal data have been argued in the Council of Europe (CoE) as well as in the OECD. Recently the European Commission has been determining whether a country outside the EU offers an adequate level of data protection. It is noteworthy that how the Commission would use “convergence” or “essential equivalence” in assessing adequacy of data protection in other countries. In Europe, there is a lot of discussions about the use of SCC (Standard Contractual Clauses).
In the Asia-Pacific Region, the APEC CBPR(Cross-Border Privacy Rules) System plays a role in cross-border flows of personal data. Recently the Asian Business Law Institute in Singapore has been studying the personal information protection laws of each country and region and exploring possibilities of “convergence”.
