This panel will explore the increasing threat of global legal fragmentation in privacy legislation. In the last four years, the OECD has updated its Privacy Guidelines, APEC has updated its Privacy Framework, and the GDPR began regulating privacy throughout the EU. However, as countries around the world seek to regulate privacy in an ever more digital world, legal fragmentation between privacy protections risks stifling innovation, hurting economic development, and creating dramatically different privacy protections for consumers depending on physical location. The panel will discuss this trend and seek to address how interoperability of privacy laws through existing mechanisms such as adequacy findings or certification mechanisms can bridge this divide.
• What are the trends in privacy laws which are most concerning to you from the perspective that they will create fragmented protections for consumers?
• What existing mechanisms can bridge the challenge of this trend towards fragmentation?
• If we accept the premise that all laws won’t look the same, how do you ensure privacy protections travel with the data regardless of where it is transferred?
• One commonality of many recently passed privacy laws and international agreements is the idea of company-based certifications. How can this be implemented globally to solve the challenges fragmentation creates?