OECD Digital Economy Papers

Abstract

This report aims to review research on data localisation as an emerging impediment to data flows and data privacy protection. The report serves to inform the review of the implementation of the OECD Privacy Guidelines [OECD/LEGAL/0188] and guide further discussions amongst members of the OECD Working Party on Data Governance and Privacy in the Digital Economy (DGP), the OECD Secretariat and the Privacy Guidelines Expert Group that was formed to support the review. This paper was drafted by Professor Dan Jerker B. Svantesson, Professor of Law, Bond University with feedback from Professor Christopher Kuner, Founder and Co-Director, Brussels Privacy Research Hub, Vrije, Universiteit Brussel , Elettra Ronchi and Lauren Bourke of the OECD Secretariat. It benefitted from the input of the expert group established to support the review of the OECD Privacy Guidelines and delegates of the Working Party on Data Governance and Privacy. The paper was further discussed at the virtual OECD Expert Roundtable on “Data localisation and Trusted Government Access to Data” held on 5-6 October 2020. The work was made possible by the generous contributions of Japan. This paper should not be reported as representing the official views of the OECD or of its member countries. The opinions expressed and arguments employed are those of the author. It describes preliminary results or research in progress by the author and is published to stimulate discussion on a broad range of issues on which the OECD works. Comments on this paper are welcomed, and may be sent to the Directorate for Science, Technology and Innovation, OECD, 2 rue André-Pascal, 75775 Paris Cedex 16, France. N

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