G7 Digital and Tech Track Annex 1: Annex on G7 Vision for Operationalising DFFT and Its Priorities
Takasaki, Gunma, April 30, 2023
1. The vision and priorities under Annex 1 are built upon the principles affirmed in the Ministerial Declaration.
2. We call on the IAP to bring together stakeholders and the broader multidisciplinary community of data governance experts from different backgrounds including the relevant data protection authorities to consider among other issues:
• development of compatible policies, tools, and practices for enabling data flows in full compliance with existing regulatory requirements regarding data
• key impediments and challenges to DFFT
• technological developments that relate to DFFT such as privacy enhancing technologies (PETs)
• legal practices enabling DFFT such as model contractual clauses and certification mechanisms such as international privacy frameworks
3. We call on the IAP to pay particular attention to the following areas identified by the G7 based on the 2021 Roadmap for Cooperation on DFFT endorsed by G7 Leaders and the 2022 Action Plan for Promoting DFFT.
• Data Localisation: The ability to move and protect data across borders is important for economic growth and innovation. To operationalise our commitment in the 2021 G7 Roadmap for Cooperation on DFFT and the 2022 G7 Action Plan for Promoting DFFT, we should deliver tangible progress in understanding the economic and societal impact of data localisation measures, while taking into account our varied approaches to data governance and legitimate public policy objectives.
• Regulatory cooperation: Differences in domestic approaches can impact cross border data flows, creating uncertainty (including legal uncertainty) for governments, businesses, and individuals. We should promote work to identify commonalities in regulatory approaches to cross-border data transfers and data protection requirements as well as facilitate cooperation on privacy-enhancing technologies (PETs), approaches, such as model contractual clauses certification, and accessibility to regulatory information and good regulatory practices, such as enhancing transparency.
• Trusted Government Access to Data: We welcome the OECD Declaration on Government Access to Personal Data Held by Private Sector Entities, which seeks to address key impediments and challenges to data flows by identifying common privacy safeguards applicable when national security and law enforcement agencies access personal data. Awareness of the declaration by private entities should be promoted and other nations encouraged to sign up to its principles. The IAP should seek to further develop shared understandings on appropriate risk-based approaches for preventing any government access to personal data that is inconsistent with democratic values and the rule of law, and is unconstrained, unreasonable, arbitrary or disproportionate.
• Data Sharing: The COVID-19 crisis and current global situation has demonstrated the value and need for like-minded partners to find consensus on approaches to data sharing in priority sectors such as healthcare, green/climate, and mobility (e.g., geospatial information platform for autonomous mobilities) to foster innovation and economic growth. We uphold the role of technology and use cases thereof such as digital credentials and identities in facilitating data sharing as a part of our efforts to operationalise DFFT. Improved data use is also a major strategic opportunity for economic growth.
4. In the process of developing the IAP, we consider that the attributes of the OECD and its existing work in the areas of data governance, privacy, DFFT, and digital economy make it well-suited to advance this international effort.