IGF 2022 WS #69 Governing Cross-Border Data Flows, Trade Agreements & Limits

Time
Tuesday, 29th November, 2022 (13:20 UTC) - Tuesday, 29th November, 2022 (14:50 UTC)
Room
CR6

Organizer 1: Yik Chan Chin, ICANN & Beijing Normal University
Organizer 2: Ioana Stupariu, Central European University
Organizer 3: Michael Karanicolas, Mr

Speaker 1: Yik Chan Chin, Technical Community, Asia-Pacific Group
Speaker 2: Zhisong Deng, Private Sector, Asia-Pacific Group
Speaker 3: Locknie Hsu, Civil Society, Asia-Pacific Group
Speaker 4: Courtney Radsch, Civil Society, Western European and Others Group (WEOG)
Speaker 5: Meri Baghdasaryan, Civil Society, Eastern European Group
Speaker 6: Rolf H. Weber, Civil Society, Western European and Others Group (WEOG)
Speaker 7: Mansi Kedia, Civil Society, Asia-Pacific Group

Moderator

Michael Karanicolas, Civil Society, Western European and Others Group (WEOG)

Online Moderator

Ioana Stupariu, Civil Society, Eastern European Group

Rapporteur

Yik Chan Chin, Technical Community, Asia-Pacific Group

Format

Round Table - U-shape - 90 Min

Policy Question(s)

The workshop intends to address the following three policy questions in relation to issues of cross-border data regulations, digital trade agreements, privacy and national/cyberspace security: This workshop will tackle those questions from a global perspective through its regional diverse speakers from the Europe, USA, China, India and Singapore. 1. What are the major characteristics of the cross-border data governance framework of major trading countries? what methods are used by their regulators to protect privacy and national/cyberspace security in their cross-border data regulations? What could be done to improve the current framework? 2. How have countries circumvented diemmma due to different considerations such as personal information protection, promotion of free trade, and maintenance of national and cyberspace security in their bilateral or regional trade agreements to promote the varying legal frameworks for cross-border data flows ? What measures are used to protect privacy and national/cyberspace security? What could be done to improve the current measures? 3. Will the continuous development of bilateral or regional trade agreements and current fragmentation of the cross-border data rule systems will further aggravate multilateral trade system such as the WTO or may laying the foundation for a unified rule system in the future.

Connection with previous Messages:

SDGs

9. Industry, Innovation and Infrastructure
10. Reduced Inequalities

Targets: The proposed workshop will help to address below SDG targets: 9.b discussion will help to support domestic technology development, research and innovation in developing countries, including by ensuring a conducive policy environment for, inter alia, industrial diversification and value addition to commodities 10.5 discussion will help to improve the regulation and monitoring of global financial markets and institutions and strengthen the implementation of such regulations 16.7 discussion will help to ensure responsive, inclusive, participatory and representative decision-making at all levels 17.16 discussion will help to enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships that mobilize and share knowledge, expertise, technology and financial resources, to support the achievement of the sustainable development goals in all countries, in particular developing countries 17.18 discussion will help to enhance capacity-building support to developing countries, including for least developed countries and small island developing States, to increase significantly the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts

Description:

Cross-border data flows is obviously one of the core issues of the international digital trade agreements in the context of digital economy. The workshop will explore the important issue of governing of cross-border data flows through trade agreements such as Regional Comprehensive Economic Partnership (RCEP), the United States-Mexico-Canada Agreement (USMCA) , the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and etc., and their limitations. First, it will explore the major characteristics of the data governance paradigms of major trading countries such as the United States, China, the European Union, ASEAN, and India; Secondly, given the multilateral WTO mechanism governing cross-border data flows cannot respond to the real needs of digital trade or the digital economy in a timely and effective manner, how have countries circumvented the delimmas through bilateral or regional trade agreements to promote the varied legal framework for cross-border data flows due to different considerations such as personal information protection, promotion of free trade, and maintenance of national security; Finally, it will discuss whether the continuous development of bilateral or regional trade agreements and current fragmentation of the cross-border data rule systems may further aggravate multilateral trade or may laying the foundation for a unified rule system in the future. Combing both local experts with a global perspective on digital trade and cross-border data flows regulations, this workshop aims to build an international platform for experts, scholars, and legal practitioners from relevant fields to jointly discuss the above important and timely issues, challenges and opportunities on an interdisciplinary and multi-dimensional approaches. Speakers and moderators from Europe, USA, China, Singapore, India and will discuss above questions from diverse geographic and stakeholder’s perspectives. Speakers: Dr. Yik Chan Chin, Associate Professor, Beijing Normal University, China Mr. Jet DENG Zhisong, Dentons China Professor Locknie HSU, Singapore Management University, Singapore Ms. Meri Baghdasaryan, LL.M, Legal Fellow at Internet Rights and Principles Dynamic Coalition; Prof. Rolf H. Weber, University of Zurich, Switzerland Courtney Radsch, UCLA Institute for Technology, Law and Policy Institute Fellow, Center for International Governance Innovation (CIGI)senior fellow, USA Dr. Mansi Kedia, Research Fellow at Indian Council For Research On International Economic Relation, India Online Moderator: Dr. Ioana Stupariu, Central European University Onsite Moderator: Mr. Michael Karanicolos, The UCLA Institute for Technology, Law and Policy, USA Intended Panel Agenda: 1) Setting the scene: online and onsite moderators, 3 minutes 2) Short introduction in regard to cross-border data governance mechanisms and digital trade agreements joined in each regions, each speaks for 4 minutes with 5 minute of immediate audience response in the end 3) Policy questions discussions amongst speakers 30 minutes moderated by Dr. Ioana Stupariu & Mr. Karanicolos 4) Interactive question and answer session, 30 minutes moderated by Dr. Ioana Stupariu and Mr. Karanicolos 5) Wrap-up of the moderators, 5 minutes.

Expected Outcomes

1) Develop a framework for collaborative response that includes multi-stakeholders (not only governments) such as academics, civil society and other specialists to provide a meaningful platform that tackles the structural issues and challenges of cross-border data flows governance. 2) Facilitate the debate, understanding as well as shaping the evolution of norms, principles of cross-border data flows governance in the future digital trade negotiations and enforcements. 3) Identify differing viewpoints regarding cross-border data flows governance approaches regarding help the creation of an environment in which all stakeholders are able to prosper and thrive 4) Policy recommendations and key messages report to the IGF community

Hybrid Format: 1) How will you facilitate interaction between onsite and online speakers and attendees? The workshop have an onsite moderator and online moderator, each is responsible for moderating the onsite and online speakers and attendees. And both moderators will ensure all speakers and attendees no matter online and onsite will have the equal opportunity to speak, raise questions and engage in each session of the workshop. 2) How will you design the session to ensure the best possible experience for online and onsite participants? The session will be opened by the online and onsite moderators to provide participants an overview of the policy questions discussed in the session, the professional background of the speakers, and the format of interaction. The moderator will ensure the audience from both offline and online being able to ask questions to the speakers immediately following their presentations to encourage active participation. In the part 3), the session will move to discussion. The moderators will invite each speaker to express their views on a set of questions generated from their presentations and guide the debate amongst speakers and the audience to foreground their common ground and differences. In the part 4), moderators will invite questions from the onsite audience and online participants, the question time will last about 30 minutes in order to provide sufficient interactions amongst speakers, audience and online participants. Online participants will be given priority to speak, and their participation will be encouraged by moderators. The onsite and online moderator will summarise the findings and recommendations and future actions of the panel. - Please note any complementary online tools/platforms you plan to use to increase participation and interaction during the session. Online Participation: The online moderator will participate in the online training course for the Official Online Participation Platform provided by the IGF Secretariat's technical team to ensure the online participation tool will be properly and smoothly used during the proposed session.

Online Participation

 

Usage of IGF Official Tool.

 

Key Takeaways (* deadline 2 hours after session)

The risks of not developing a minimal common international approach in governing cross-border data flows is high, the bilateral or regional trade agreements are not adequate to address the cross-border data flows.

The approaches adopted by China, the USA, India, ASEAN, and the EU towards cross-border data flow differ, both in their degree of stringency and in their priorities (e.g. national security, free trade, privacy, etc.), while this fragmentation increases barriers to trade, harmonising them would bring risks of not respecting national interests and the different degrees of development.

Call to Action (* deadline 2 hours after session)

The comparability mechanisms could be a possible solution , but different degrees of development and digital capacities need to be brought into the equation.

Bilateral and regional agreements are important but not adequate, minimal global rules are needed to minimise costs to businesses