ICC Tackles Concerns About Cross-Border Access to Company Data

March 20, 2012

ICC Tackles Concerns About Cross-Border Access to Company Data

The International Chamber of Commerce (ICC) has issued a policy statement pointing out conflicts that can arise between law enforcement requirements and privacy commitments when governments seek access to personal data held by companies across national borders.

Entitled “Cross-border law enforcement access to company data – current issues under data protection and privacy law”, the statement analyzes the issues that can arise in such situations, and makes recommendations that can help ensure respect for both law enforcement interests and those under data protection and privacy laws and commitments.

Many companies are expected to meet conflicting requirements

“Companies that process data in different countries are facing increasing government pressure to comply with law enforcement and regulatory requests that may conflict both with data protection and privacy laws in other countries in which they operate, and with consumer expectations and commitments to business partners,” said Christopher Kuner, Chair of the Task Force on Protection of Personal Data and Privacy, established by the ICC Commission on the Digital Economy.

“While some countries or regions have legal frameworks for reconciling law enforcement requirements with requirements under data protection and privacy law, many do not, and this can cause companies major problems,” Mr. Kuner added. “These sorts of problems are only increasing, given the growth in trans-border data flows.”

Click here to read more on ICC’s website.

Staff Contact: Heather Shaw

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