IGF 2022 WS #403 Cross-Border Data Sharing for Public Safety

Time
Thursday, 1st December, 2022 (10:50 UTC) - Thursday, 1st December, 2022 (12:20 UTC)
Room
CR6

Organizer 1: Carolina Caeiro, Oxford Information Labs
Organizer 2: Emily Taylor, Oxford Information Labs Limited
Organizer 3: Georgia Osborn, Senior Research Analyst
Organizer 4: Marjorie Buchser, Chatham House

Speaker 1: Marjorie Buchser, Civil Society, Western European and Others Group (WEOG)
Speaker 2: Bertrand de La Chapelle, Civil Society, Western European and Others Group (WEOG)
Speaker 3: Theodore CHRISTAKIS, Civil Society, Western European and Others Group (WEOG)
Speaker 4: Javier Pallero, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 5: Aisling Kelly, Private Sector, Western European and Others Group (WEOG)

Moderator

Emily Taylor, Technical Community, Western European and Others Group (WEOG)

Online Moderator

Carolina Caeiro, Private Sector, Latin American and Caribbean Group (GRULAC)

Rapporteur

Georgia Osborn, Private Sector, Western European and Others Group (WEOG)

Format

Round Table - U-shape - 90 Min

Policy Question(s)

What conditions and criteria are required to enhance trust in standards and approaches to cross-border data transfers and what mechanisms might facilitate trust and open dialogue between the different stakeholders involved? What are the points of convergence and divergence between the different stakeholders involved–including governments, national security and law enforcement agencies, private sector and civil society? What are strategies to incorporate a collaborative stakeholder approach and multi-stakeholder perspective on what have so far been intergovernmental discussions? How can future agreements on how to govern national security and law enforcement cross-border data sharing factor in transparency, proportionality and other relevant international human rights standards? What are inclusive principles for governing cross-border data flows for national security and law enforcement –such as transparency mechanisms and options for legal redress— and how can they be applied to existing regulatory frameworks?

Connection with previous Messages:

SDGs

9.1
17.6

Targets: The proposal links to SDG 9.1 in that it seeks to foster a conversation about the governance of transborder infrastructure and data flows which are crucial for the operation of the Internet. The roundtable’s objectives also link to SDG 17.6 in that the activity seeks to explore avenues for international cooperation around cross-border sharing practices in relation to national security and law enforcement challenges that require special collaboration between nations and sectors to uphold peace and institutions.

Description:

Proposed Session Title. To share or not share: Cross-Border Data Sharing for National Security and Law Enforcement The session will explore cross border data sharing for national security and law enforcement purposes. The increasing digital nature of crime and national security threats have rendered cross-border data requests a growing, prominent part of global national security and law enforcement investigations across the world. While data requests from governments to the private sector have become increasingly more structured and regulated, existing frameworks do not adequately cover all aspects of cross-border data transfers and tensions still loom about implications for the integrity and the protection of citizens’ privacy. This roundtable will first explore the current status of affairs, including legal frameworks in place, the evolution of cross-border sharing practices since the Snowden revelations and most salient challenges to safeguarding privacy. Departing from that diagnosis, the roundtable will discuss multi-stakeholder perspectives on innovative approaches to build greater trust and transparency between the various stakeholders involved in cross-border data sharing in national security and law enforcement contexts –including governments, national security units, regulators, private sector and civil society– and the criteria under which governments should have access to personal data held by the private sector. The roundtable will take into account ongoing discussions in the OECD and across the Global South, as well as international standards, including human rights.

Expected Outcomes

The roundtable discussion will build into multiple, existing processes. OECD countries are holding intergovernmental discussions on the question of law enforcement and security-related cross-border data sharing, which include the drafting of seven principles by the OECD Committee on Digital Economic Policy (CDEP) and ongoing Track-1 process at the OECD on Government Access to Personal Data held by the Private Sector. Across the Global South, while intergovernmental debates are less advanced, cross-border data requests are common, leading to the development of local practices and frameworks which the roundtable will also seek to touch upon. The extraterritoriality effects of governance frameworks in EU, US and OECD countries is likely to impact countries across the global south, reinforcing the importance of holding these conversations at international fora such as the IGF. The workshop findings are expected to facilitate critical dialogue between key stakeholders engaged in cross-border data sharing debates and encourage the incorporation of multi-stakeholder and Global South perspectives into these conversations. The discussion will additionally contribute to an ongoing initiative by Chatham House, with the research support of Oxford Information Labs, on national security and law enforcement cross-border data sharing in liberal democracies, which is expected to complement ongoing intergovernmental, multilateral discussions. In particular, Chatham House and Oxford Information Labs will jointly produce an Expert Comment drawing on the roundtable conversations and key takeaways to disseminate the findings and positions documented in the session.

Hybrid Format: To embrace the hybrid nature of the event, the roundtable discussion will begin with a series of fire-starter remarks by both in-person and online speakers: this is expected to generate a dynamic of open interaction between those present in Addis Ababa and online participants. In addition, session co-organizers, Chatham House and Oxford Information Labs will advertise the session among relevant audiences highlighting the goal of encouraging a roundtable conversation among participants. The moderator will be provided a list of both remote and in-person participants in the audience, with the goal of inviting remarks from different stakeholders and encouraging the participation of those online. Chatham House staff in particular is trained in moderation strategies for online settings to maximise interactions during remote and hybrid convenings. The session will be broken up into two segments to encourage the prompt transitions to roundtable conversations. The first segment of the session will touch upon current status quo with national security and law enforcement cross-border data sharing across the global north and global south, with focus on existing regulatory frameworks, current practices surrounding data requests and existing tensions. Following initial remarks by two speakers (Marjorie Buchser and Betrand De La Chapelle), the moderator will move to open the floor. The second segment will focus on encouraging participants to share their perspectives on approaches to build greater trust and transparency between the various stakeholders involved in cross-border data sharing in national security and law enforcement contexts. Three additional speakers (Javier Pallero, Aisling Kelly and Theodore Christakis) will share their views on the subject before opening the floor for discussion again. The moderation may include a brief survey at the onset of the session to prompt thinking and discussion with statements about how to govern cross-border data sharing, using digital platforms for audience interaction such as Slido.

Online Participation

 

Usage of IGF Official Tool.