International Economic Law's Regulation of Data as a Resource for the Artificial Intelligence Economy

Abstract

This chapter for a forthcoming volume on artificial intelligence and international economic law surveys regulatory interventions through which governments seek to enhance domestic companies’ access to data: Mandatory data sharing requirements (as under the EU’s new financial services regulations), data transfer restrictions (as under India’s draft ecommerce policy), and open data initiatives (as under Singapore’s ‘smart nation’ initiative)— all seek to make more data available with the aim of spurring innovation and growth in the artificial intelligence economy. Such measures are indirectly affected by existing and newly emerging rules of international economic law. International investment law is likely to be mobilized in defense against governments that seek to mandate data sharing from private data holders, while new rules on “digital trade” are meant to ensure transnational data mobility. In sum, international economic law regulates data in favor of data-holders’ ability to retain control over data location and use and constrains states’ ability to confront asymmetric control over data.

Keywords: Ai, digital trade, data sharing, data localization, data control, data mobility, data inequality, open data

JEL Classification: F02, F13, F60, L50, O30, O33, O34, O38