IGF 2023 WS #201 Interoperability for all: consumer redress and data flows

Subtheme

Data Governance & Trust
Cross-border Data Flows and Trust
Data Free Flow
Data Localization, Data Residency, and Data Sovereignty
Data Privacy and Protection

Organizer 1: Javier Ruiz Diaz, Consumers International
Organizer 2: Charlotte Broyd, Consumers International
Organizer 3: Hamblett Hollie, Consumers International
Organizer 4: Hall Stefan, Consumers International

Speaker 1: Carolina Rossini, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 2: Javier Ruiz Diaz, Civil Society, Western European and Others Group (WEOG)
Speaker 3: Amy Kato, Civil Society, Asia-Pacific Group

Moderator

Hall Stefan, Civil Society, Western European and Others Group (WEOG)

Online Moderator

Charlotte Broyd, Civil Society, Western European and Others Group (WEOG)

Rapporteur

Hamblett Hollie, Civil Society, Intergovernmental Organization

Format

Round Table - 60 Min

Policy Question(s)

• Are existing tools and institutions such as supervisory authorities and accountability agents enough to make cross-border consumer redress as smooth as the free flow of data?
• Do we need some domestic legislative elements to ensure that redress in diverse jurisdictions without a shared data framework leads to higher protections for consumers and not a minimum common denominator?
• How can consumer groups use collective redress to build trust in cross-border data flows?

What will participants gain from attending this session? Key takeaways may include:
• Understanding the practicalities of building interoperability of data governance regimes to enable data free flow with regards to consumer privacy rights and redress mechanisms.
• Exploring the elements required for a global data interoperability framework that ensures trustworthy and robust consumer protections.
• Identifying practical avenues and potential obstacles in establishing cross-border consumer data redress mechanisms.
• Opening further collaboration to develop recommendations and practical measures that enhance consumer trust in interoperable data regimes.

Description:

This roundtable will convene a diverse group of experts from civil society, consumer groups, business and regulators to discuss the challenges that Data Free Flow with Trust (DFFT) brings to consumer redress over privacy and data breaches, and possible solutions. Current data transfer frameworks provide legal certainty for organisations and assurances for consumers on paper, but in practice often leave these without effective means to enforce their rights and obtain redress. Proposals to increase the interoperability of data regimes such as DFFT need to include mechanisms to make it easier for consumers to solve these issues. Otherwise, as data travels globally across various jurisdictions, consumers will face growing difficulties in seeking cross-border redress when their data is mishandled, privacy is compromised, or their rights are violated. Such lack of accountability and transparency will hamper consumer trust in cross-border digital services, hindering the full potential of digital economies and social innovation.

Expected Outcomes

This session feeds into Consumers International ongoing work on digital rights:
• Establishment of a collaborative network of stakeholders committed to advancing consumer redress within the context of data free flow with trust and the new Institutional Arrangement for Partnership.
• Publication of a report summarizing the key insights, policy recommendations, and best practices discussed during the event.
• Development of a set of recommendations and practical measures to strengthen consumer redress mechanisms in cross-border data flows.
• Identification of specific areas for further research, pilot projects, or technological innovations to enhance consumer trust and redress in data governance frameworks.
• Support CI’s advocacy for the incorporation of the recommendations and findings into the Data Free Flow with Trust policies or other relevant frameworks.

Hybrid Format: We will ensure that all participants can engage fully by giving the online moderator the leading role in the session, coordinating with the onsite moderator, to ensure that remote participants have a voice. The roundtable format will be open to questions from participants, taking turns local and remote to ensure equal space is given. We will use a simple online text pad without registration to collect questions and comments and will use the tool Mentimeter (https://www.mentimeter.com) for some specific questions throughout the session. Consumers International regularly organises online and onsite events with participants around the world and have staff in several time zones who can provide extra support.