Regulating transborder flow of personal information for development in the G77+China Group

Abstract

Transborder data flow (TBDF) has generated much controversy in this era of globalisation. Various questions regarding its exact nature, dimension and role have been raised by scholars. Nevertheless, the majority of scholars agree that TBDF is crucial for development in every state and even more important for developing countries. In spite of the general consensus that TBDF is vital for development, it raises some concerns such as the infringement of individuals’ right to privacy. This has made countries and international organisations regulate TBDF in data protection instruments. Such instruments in some cases put stringent conditions on TBDF, which could be an obstacle to the free movement of personal data across borders and may even serve as a non-tariff barrier