[governance] Montevideo Statement on the Future of Internet Cooperation

Adam Peake ajp at glocom.ac.jp
Tue Oct 8 06:15:05 EDT 2013 

Following text I think of interest to the data sovereignty issue.

This article was deleted from a first draft of the European data protection directive, if included it might provide some protection against NSA etc?  There would be an economic cost to not non-compliance, which seems the only likely deterrent.
 
Oddly enough, heavy U.S. lobbying was behind deletion.

I am not at all expert on privacy etc.  but hope of interest/relevance.  

Adam


 
Article 42
Disclosures not authorized by Union law
 
1.            No judgment of a court or tribunal and no decision of an administrative authority of a third country requiring a controller or processor to disclose personal data shall be recognized or be enforceable in any manner, without prejudice to a mutual assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State.
2.            Where a judgment of a court or tribunal or a decision of an administrative authority of a third country requests a controller or processor to disclose personal data, the controller or processor and, if any, the controller's representative, shall notify the supervisory authority of the request without undue delay and must obtain prior authorisation for the transfer by the supervisory authority in accordance with point (b) of Article 31(1).
3.            The supervisory authority shall assess the compliance of the requested disclosure with the Regulation and in particular whether the disclosure is necessary and legally required in accordance with points (d) and (e) of paragraph of Article 41.
4.            The supervisory authority shall inform the competent national authority of the request. The controller or processor shall also inform the data subject of the request and of the authorisation by the supervisory authority.
5.            The Commission may lay down the standard format of the notifications to the supervisory authority referred to in paragraph 2 and the information of the data subject referred to in paragraph 4 as well as the procedures applicable to the notification and information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
 
Article 37
General principles for transfers
 
Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation may only take place if:
(a)            the level of protection of individuals for the protection of personal data guaranteed in the Union by this Regulation is not undermined;
(b)            the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation; and
(c)            the other provisions of this Regulation are complied with by the controller and processor.

END



On Oct 8, 2013, at 6:22 PM, Bertrand de La Chapelle wrote:

> Hi Adam,
> 
> I do not think the Montevideo declaration addresses the issue of new cables.
> 
> One of the direct consequences of the NSA revelations is the growing call for "data sovereignty", ie the required in-country location of data about citizens of that country. While it seems to make sense at first glance, the cumulative result of every country adopting such a position will be the proliferation of mirror databases, national clouds and most likely incompatible national legislations. This is a potential death spell for global cross-border clouds, which is actually bad for developing countries as well. 
> 
> In that regard, the actions by the NSA are not only outrageous but potentially triggering unintended consequences that will be detrimental to the very development of the network as a global, trusted infrastructure. Hence the connection to fragmentation, I suppose. 
> 
> By contrast, the proliferation of additional submarine cables and Internet exchange points is actually a potential positive outcome of these revelations. 
> 
> Best
> 
> B.
> 
> 
> On Tue, Oct 8, 2013 at 10:56 AM, Adam Peake <ajp at glocom.ac.jp> wrote:
> Hi John,
> 
> I would like to understand the part "Internet fragmentation" when it's included in the same paragraph as the sentence about "monitoring and surveillance".
> 
> Internet fragmentation is bad.  Monitoring and surveillance is bad.  Think that's clear.
> 
> But, by including the two statements in the same paragraph, rather than as separate, are the organizations suggesting that recent proposals to build new infrastructure that avoids sending traffic via the U.S. and avoids U.S. monitoring and surveillance risks Internet fragmentation?
> 
> Asking because that was the U.S. spin in response to proposals for such new infrastructure; FUD that new submarine cables would cause balkanization (which they would not of course).
> 
> Thanks,
> 
> Adam
> 
> (FUD: fear, uncertainty and doubt, usually evoked intentionally in order to put a competitor at a disadvantage.)
> 
> 
> 
> On Oct 8, 2013, at 5:15 AM, John Curran wrote:
> 
> > <http://www.internetsociety.org/news/montevideo-statement-future-internet-cooperation>
> >
> > FYI,
> > /John
> >
> >
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> -- 
> ____________________
> Bertrand de La Chapelle
> Internet & Jurisdiction Project Director, International Diplomatic Academy (www.internetjurisdiction.net)
> Member, ICANN Board of Directors 
> Tel : +33 (0)6 11 88 33 32
> 
> "Le plus beau métier des hommes, c'est d'unir les hommes" Antoine de Saint Exupéry
> ("there is no greater mission for humans than uniting humans")
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