Read on Twitter
Listening to the #CPDP2021 data sovereignty panel
Bruno Gencarelli - can't separate consumer and national security concerns. Data collected for the former may be used for the latter. Need to consider safeguards for govt access - cf Schrems II, US/Tiktok
OECD is trying to develop common standards for govt access - good since we need a global conversation to enable trusted data flows
Samm Sacks - Tiktok and Schrems II were at the same time, but false equivalence to equate the two. US is making greater assertions of data sovereignty.
US has no federal privacy law so difficult to regulate risks of Tiktok. The commercial, security, privacy risks were entangled.
US and China are two places with both worldwide platforms and massive surveillance infrastructure - these are huge national security issues.
So US may well aim for data sovereignty approach with data not being allowed to leave the US borders.
Meenakshi Lekhi outlines a variety of national security concerns about China: physical proximity to India, tampered hardware, insecure online platforms collecting and storing data across jurisdictions
Data might be resold or transferred to jurisdictions with different laws or different respect for human rights
Need more global cooperation. Only democratic regimes that follow the rule of law should have access and the advantages that accrue from data.
Audrey Plonk - OECD has been looking at how approaches differ worldwide. Research ongoing and lots of stakeholder discussion is needed.
Moderator's next topic - the economics of data sovereignty. Countries are creating their own localised datasets with a view to creating competitive advantage. Will these countries be more competitive?
Meenakshi Lekhi - e-governance and digitisation has greatly helped India. Wrt data, if something goes wrong, how do I hold the right people responsible if the relevant company or govt are in another country? How can my govt ensure my rights?
Law needs to ensure that rules are followed in the country where the data subjects are located.
Audrey Plonk - economic models for valuing data take time for OECD to build as need to collect data about data. But data indicate big data being used much more (how many more times can I say the word "data" in this tweet?)
OECD has lots of ongoing work about how to measure and value dataflows.
Related: do we want to think about data sovereignty or technology sovereignty? OECD has exemptions for sovereignty in privacy guidelines - do we need the same for data.
Bruno Gencarelli - lots of confusion about what sovereignty means. In data world, it means (i) being more assertive (see e.g. EU investment in developing data tools); (ii) ensuring a level playing field (e.g. all countries doing business in EU must obey same rules)
(iii) promote cooperation where appropriate (e.g. EU/Japan)