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6 - International Data Transfers and Cybersecurity

Three Regulatory Approaches and Their Implications

Published online by Cambridge University Press:  09 November 2023

Tomoko Ishikawa
Affiliation:
Nagoya University, Japan
Yarik Kryvoi
Affiliation:
British Institute of International and Comparative Law
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Summary

The chapter explores the question of how different domestic and international law approaches to regulating the international transfer of personal data deal with cybersecurity threats. It examines the 2016 EU General Data Protection Regulation, the 2021 UK National Security and Investment Act, and the 2018 United States, Mexico and Canada Agreement, as representing distinct approaches for regulating international data transfers, namely data protection legislation, investment screening legislation, and digital trade agreements. The analysis demonstrates that a lack of uniformity in terms of what constitutes an adequate level and design of data protection mechanisms has left the issue of how to distinguish between acceptable and non-acceptable data-transfer restrictions largely unresolved.

Type
Chapter
Information
Public and Private Governance of Cybersecurity
Challenges and Potential
, pp. 134 - 160
Publisher: Cambridge University Press
Print publication year: 2023

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