CPDP: How Democracies protect both Privacy and National Security
For the past decade, participants in international discussions regarding cross-border data flows have raised serious concerns about national
security and law enforcement access to personal data held by the private sector. In December 2020 the OECD established a drafting group comprised of government representatives with expertise in data protection, national security, and law enforcement, to identify commonalities in how democratic nations—in contrast with authoritarian regimes—protect both privacy and national security when accessing personal data from the private sector. Two years later, this effort culminated in the landmark Declaration on Government Access to Personal Data Held by Private Sector Entities. This panel of experts who participated closely in the OECD process will discuss key aspects of the Declaration and its implications for building trust in cross-border data flows.
• What are the most important aspects of the OECD Declaration?
• In what way are the principles for law enforcement and national security access different from other data protection principles, and why?
• What can we learn from the intensive two-year effort to identify these principles?
• What are the implications of the Declaration for the future of data flows?