G20 Makes Declaration of ‘Data Free Flow With Trust’: Support and Dissent

Abstract

Japan’s hosting of the 2019 G20 Leader’s Summit in Osaka, Japan on 28-29 June 2019 produced two declarations which may have a long-term effect on global data privacy rules. The G20 Osaka Leaders’ Declaration is very bland, but refers to the challenges of data privacy in the context of IP rights and cybersecurity. The Osaka Declaration on Digital Economy was made by 24 countries, but four potentially significant countries did not participate: India, Egypt, Indonesia and South Africa.

‘Data Free Flow with Trust’ (Japanese Prime Minister Abe's term) may be a new label, but it is not a new concept when applied to data privacy, even if it is new in relation to IP or cybersecurity. The new element is the number of countries introducing data localization policies and laws (in varying forms), which can affect all three areas of concern because they are not necessarily limited to personal data. There is no longer any simple division on these issues, but rather a global fragmentation of views. This brief paper explores some of these complexities.

Keywords: G20, privacy, data protection, Japan, Osaka, WTO