TTIP, TISA, CETA: is privacy a commodity for trading?
Organized by Privacy International and TACD
Chair: Jan Philipp Albrecht, MEP (EU)
Moderator: Anna Fielder, Privacy International (UK)
Panel: Joseph Alhadeff, Oracle (US), Kristina Irion, IViR-UvA (NL), Cam Kerry, Sidley Austin LLP and Brookings Institution (US), Burcu Kilic, Public Citizen (US), Rupert Schlegelmilch, EC DG Trade (EU)
“Data flows”, or transfers of personal information between countries, have become a mainstay of the global economy. There are increasing pressures to include them into bilateral and multilateral free trade agreements. Such transfers are inexorably linked to local data protection laws which differ widely. Opinions are fiercely divided: some see privacy protection as a barrier to trade and as protectionism that stands in the way of jobs and economic prosperity; while others see it as a fundamental right that, in addition, increases trust in commercial engagement and promotes prosperity and jobs. The EU negotiators for TiSA and TTIP have no mandate to include data protection in the agreements, while the U.S. has made proposals to mandate countries to refrain from imposing unnecessary barriers to data flows across borders and to forbid the local storage of data. In particular, the panel will discuss the following issues:
- Do we need ‘data flows’ included in trade agreements – especially given other international agreements designed (e.g. OECD, CoE) to ensure transfers while protecting personal data?
- How can we uphold individuals’ fundamental rights to privacy and data protection while ensuring free trade?
- What impact will the CJEU judgment on Safe Harbour (Schrems case) have on data flows negotiations in TTIP?
- The World Trade Organisation (WTO) rules on trade in services (GATS) have a general exception to allow countries to regulate – including for privacy. Is that sufficient and does it provide the necessary guarantees?
