[bestbits] Bringing data under the rule of law

parminder parminder at itforchange.net
Thu Sep 20 07:50:21 EDT 2018


All,

"Free global flow of data" and "data localisation" are two terms
employed in opposition like a war of good against evil. 'Free global
flow of data' is the key mantra of e-commerce proposals at global trade
forums including the WTO, and 'data localisation' a term that is
out-rightly condemned as being sought only by state control freak
developing countries, bent upon data authoritarianism.  Great dangers of
the latter no doubt exist, but one is unclear how they get addressed by
sending our data to US and NSA's warm embrace of it. But there are
people in many countries, including in India, who openly argue that they
are happier to have their data in the US than India, meaning they feel
more protected by the US government than India's.  On the other hand,
there are many kinds of domestic economic development imperatives that
require some kinds of data localisation

This IT for Change policy brief attempts to look data localisation from
the angle of ensuring the rule of law, and domestic digital industry
development , 'Data localisation: A matter of rule of law and economic
development
<https://itforchange.net/sites/default/files/1584/Data_localisation.pdf> '.

Broadly based on it, a shorter piece, was published as an oped in The
Hindu today, 'Bringing data under the rule of law
<https://www.thehindu.com/opinion/op-ed/bringing-data-under-the-rule-of-law/article24988755.ece#comments_24988755>
' .

The papers propose a more nuanced way to look at data regulation -
between unrestrained global flows and unqualified data localisation -- 
as almost our entire society and economy gets digitalised and datafied.

parminder

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