Lack of trust in cross-border data flows leads to uncertainty that may discourage the participation of individuals, businesses, and even governments in the global digital economy. Without clear parameters and rules around government access to personal data, including access across international borders, legal uncertainty will persist, likely leading to the proliferation of data localisation measures, which negatively impact the global digital economy. Achieving consensus on common principles for trusted government access to personal data held by the private sector will support the transfer of data between jurisdictions by commercial entities and result in positive economic and social impacts.
This paper documents the value of cross-border data flows for business operations and discusses the impact of unconstrained and disproportionate government access to personal data as a barrier to the free flow of data with trust. The paper then offers a set of principles and recommendations for consideration as a starting ground towards the establishment of common global rules on obliged access to personal data held by the private sector.