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Peter Swire

Observer Research Foundation Issues Report on India’s Proposed Data Protection Law and a Possible India-U.S. Executive Agreement Under the CLOUD Act

In a new in-depth report published by the Observer Research Foundation (ORF) and developed with the support of the Cross-Border Data Forum, authors Sreenidhi Srinivasan and Osho Chhel discuss the current state of play in India's negotiations for a comprehensive data protection law to standardize how data may be collected, used and shared in an effort to protect individual privacy.  [...]
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Atlantic Council Issues Report Urging U.S. and India to Discuss Cross-Border Data Flows as Part of Trade Talks

This post examines a report issued in March 2022 by the Atlantic Council entitled, “Trading in U.S.-India Data Flows: Prospects for Cooperation in U.S.-India Data Policy.” Noting the opportunity created by the reconvening of the U.S.-India Trade Policy Forum (TPF), this report urges the Biden administration and the Modi government to pursue cooperation on cross-border data flows. [...]
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Why Data Localization Has Harmful Effects on Cybersecurity

In the paper entitled The Effects of Data Localization on Cybersecurity, CBDF Research Director Peter Swire and CBDF Senior Fellow DeBrae Kennedy-Mayo provide the first systematic examination of the effects of data localization laws on cybersecurity. The authors focus on the effects of “hard” data localization, where transfer of data is prohibited to other countries. The discussion includes both de jure and de facto effects, including China’s explicit laws, recent enforcement actions in the European Union, and proposed privacy legislation [...]
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