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111. Will India’s Proposed Data Protection Law Protect Privacy and Promote Growth?

Author:
Anirudh Burman
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
How should a legal framework for data protection balance the imperatives of protecting privacy and ensuring innovation and productivity growth? This paper examines the proposed data protection legislation in India from the perspective of whether it maintains this balance. In December 2019, the government introduced the Personal Data Protection Bill, 2019, in parliament, which would create the first cross-sectoral legal framework for data protection in India.1 This paper argues that the bill does not correctly address privacy-related harms in the data economy in India. Instead, the bill proposes a preventive framework that oversupplies government intervention and strengthens the state. This could lead to a significant increase in compliance costs for businesses across the economy and to a troubling dilution of privacy vis-à-vis the state. The paper argues that while the protection of privacy is an important objective, privacy also serves as a means to protecting other ends, such as free speech and sexual autonomy. A framework for protecting personal data has to be designed on a more precise understanding of the role of privacy in society and of the harms that emanate from violations of individual privacy.
Topic:
Science and Technology, Law, Privacy, and Data
Political Geography:
South Asia and India

112. Standards for Digital Cooperation

Author:
Michel Girard
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Global data standards are urgently needed to foster digital cooperation and manage global tech platforms. No global organization is currently mandated to coordinate the development, maintenance and use of technical standards covering data value chains and policy-oriented standards covering data governance. Precedents exist where standards development work is coordinated by international organizations in sectors of the economy operating across borders, from aviation and maritime shipping to meteorology, food production, public health and the management of the internet. This paper proposes the creation of a Data Standards Task Force (DSTF), which would be entrusted with a dual mandate: enabling the development of technical standards to create data value chains and being accountable for the development of data governance standards needed by regulators to properly frame the leading big tech platforms (Facebook, Amazon, Apple, Microsoft and Google). The ultimate objective of the DSTF would be to create the required architecture for a “single data zone” where data can circulate freely between participating jurisdictions.
Topic:
Science and Technology, Social Media, Data, Digital Cooperation, and Big Tech
Political Geography:
Global Focus

113. Data Is Dangerous: Comparing the Risks That the United States, Canada and Germany See in Data Troves

Author:
Susan Ariel Aaronson
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
From posting photos and videos to tracking physical activity, apps can do almost anything, but while they may seem like harmless fun, they may also pose a threat to personal data and national security. This paper compares the different responses of the United States, Canada and Germany to data risks posed by popular apps such as FaceApp, Facebook, Strava, TikTok and ToTok. These apps and many others store troves of personal data that can be hacked and misused, putting users (and the countries in which they live) at risk.
Topic:
Security, Digital Economy, Social Media, and Data
Political Geography:
United States, Europe, Canada, Germany, and North America

114. Low inflation bends the Phillips curve around the world

Author:
Kristin Forbes, Joseph E. Gagnon, and Christopher G. Collins
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics (PIIE)
Abstract:
This paper models inflation by combining the multicountry framework of one of its authors (Forbes) with the nonlinear specification proposed by the other two (Gagnon and Collins). The results find strong support for a Phillips curve that becomes nonlinear when inflation is low, in which case excess economic slack has little effect on inflation. This finding is consistent with evidence of downward nominal wage and price rigidity. The estimates also show a significant and economically meaningful Phillips curve relationship between slack and inflation when slack is negative (i.e., when output is above long-run potential). In this nonlinear model, international factors play a large role in explaining headline inflation, a role that has increased over time, supporting the results of Forbes’ linear model.
Topic:
Economics, Inflation, and Data
Political Geography:
Global Focus

115. Breaking the Transatlantic Data Trilemma: The EU Must Step Up Its Approach to EU-US Data Flows

Author:
Tyson Barker
Publication Date:
12-2020
Content Type:
Policy Brief
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
The Euro-American data relationship is deeply troubled. In fact, it now faces an impossible “trilemma” among three core policy objectives: bulk intelligence collection, open transatlantic digital commerce, and the EU’s fundamental rights. The EU needs to take action if it is to protect the economically critical transatlantic data corridor and maintain the tech leadership role Europe wants.
Topic:
Science and Technology, European Union, Transatlantic Relations, and Data
Political Geography:
Europe, North America, and United States of America

116. Kosovo-Serbia Dialogue: Examining respondents' perceptions

Author:
Plator Avdiu
Publication Date:
02-2020
Content Type:
Special Report
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
This report provides a comprehensive and detailed data interpretation concerning perception of the public opinion based on a pre-defined set of questions on the issue at hand. In this regard, this report presents the 2019’ Kosovo Security Barometer respondents’ perception towards partition of Kosovo and territorial autonomy, including Association of Serb Municipalities which are perceived as national security threats to Kosovo by majority of respondents.
Topic:
Security, Public Opinion, Data, and Dialogue
Political Geography:
Eastern Europe, Kosovo, and Serbia

117. Helping Organizations Master Data Governance

Author:
Michel Girard
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Data is seen by many as the most lucrative commodity of the new global economy. Data analytics and self-teaching algorithms are projected to continue to disrupt every imaginable market and to create new ones. Many organizations are struggling to integrate big data analytics into their operations. New data governance challenges could be tackled through adherence to a data governance standard. There is currently no standard in place to provide guidance on the deployment of corporate data policies to manage ethics, transparency and trust in data value chains. This policy brief outlines the issues that should be covered in the proposed standard.
Topic:
Science and Technology, Governance, and Data
Political Geography:
Global Focus

118. The Council of Europe’s Modernized Convention on Personal Data Protection: Why Canada Should Consider Accession

Author:
Colin J. Bennett
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Canada has much to gain by joining the Council of Europe’s Modernized Convention on Personal Data Protection (Convention 108+), based on its predecessor, the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. The latter remains the only binding international convention within the international privacy and data protection policy space. By joining Convention 108+, Canada would enhance its reputation as a trusted jurisdiction for personal data processing and its commitment to international privacy rights.
Topic:
International Cooperation, Privacy, and Data
Political Geography:
Canada and North America

119. Data Is Divisive: A History of Public Communications on E-commerce, 1998–2020

Author:
Susan Ariel Aaronson and Thomas Struett
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
For 22 years, the members of the World Trade Organization (WTO) have been discussing how to govern e-commerce and the data that underpins it. In 2019, some 74 (now 86) nations began to negotiate e-commerce. These talks are conducted in secret and little is known about how they are progressing. However, WTO members issued a wide range of public comments on both the Work Programme on Electronic Commerce and the Joint Statement Initiative on Electronic Commerce from 1998, when the work program began, to the present. These communications provide context as well as a window into the negotiations. Using qualitative techniques to analyze these communications, the authors of this paper found that throughout the 22-year period, member states were divided by their understanding, capacity and willingness to set rules governing e-commerce or digital trade. Data, digital prowess and data governance expertise were creating division among members. The paper offers three suggestions for action policy makers could take to address this divide.
Topic:
Communications, Digital Economy, Data, and WTO
Political Geography:
Global Focus

120. Cross-Border Data Access for Law Enforcement: What Are India’s Strategic Options?

Author:
Smriti Parsheera and Prateek Jha
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Access to cross-border data is an integral piece of the law enforcement puzzle. India is well placed to lead the discussions on international data agreements subject to undertaking necessary surveillance reforms. Access to cross-border data for the state’s law-and-order-related functions is an integral piece of the law enforcement puzzle. State agencies’ ability to access data for such purposes is, however, shaped not only by domestic laws and practices but also by the laws of other countries and the state’s international commitments. In the case of India, the use of international cooperation mechanisms to balance efficient data access with protections for citizens’ privacy remains a relatively underexplored facet of its digital strategy. With its growing digital market, economic relevance for large global businesses, and strategic relationships with countries like the United States and those in the European Union (EU), India is well placed to not merely participate in but rather to lead the discussions on international data agreements on behalf of the developing world. This paper evaluates India’s present mechanisms for data access by law enforcement authorities and existing arrangements for cross-border data access. It also analyzes the emerging global movement toward direct data access arrangements. Such arrangements authorize agencies in one jurisdiction to make direct data requests to service providers based in another jurisdiction. The Clarifying Lawful Overseas Use of Data (CLOUD) Act in the United States is an example of a legislative instrument that allows the United States to enter into executive agreements of this nature. Similar discussions are also underway in Europe under the European Commission’s e-evidence proposal involving its twenty-seven member countries and among the sixty-five states that are party to the Budapest Convention on Cyber Crimes. To date, India has not taken any concrete steps to evaluate the pros and cons of such arrangements. Neither has it paid serious regard to the critical and interconnected issue of reforming its domestic framework on lawful data access to ensure adherence with the fundamental right to privacy.
Topic:
Science and Technology, Law Enforcement, Borders, and Data
Political Geography:
South Asia and India