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CCCA_V7No3_DataPrivacy-FIN_CCCA 13-09-24 1:48 PM Page 33 t first glance, the link between the free flow of data, privacy, and trade Feature agreements seems tenuous at best. But with global internet traffic Aexpected to triple over the next five years, business lobby groups are concerned that the flourishing digital economy could be undermined by the emergence of tougher data privacy laws in different corners of the world. It’s no wonder then that as Canada, the U.S. and nine other countries are negotiating a multilateral trade agreement called the Trans-Pacific Partnership (TPP), the Canadian Chamber of Commerce has joined the U.S. Chamber of Commerce calling for a provision that would prohibit “digital protectionism.” Business is pushing for new free-trade rules that would strike an “appropriate balance” between the rights of individuals and the need for firms to gather, store and transfer business and personal data. They want to limit the ability of governments to block cross-border flows personal and financial data, contend- ing that data protection restrictions should rely on market forces. Ultimately, business is hoping an agreement can be reached over data standards during the TPP talks that can serve as a blueprint for other free-trade deals. “The intent is to reach a standard for the flow of data that can be duplicat- ed,” says Scott Smith, director of intellectual property and innovation policy at the Canadian Chamber, which represents 200,000 businesses across the coun- STEPHANIE WUNDERLICH, 3INA BOX try. “You can’t separate data standards from the digital economy. Trying to keep data within borders or regulate the flow of data for procurement or protec- tionist reasons will interrupt the digital economy.” A growing number of nations have adopted or are considering implement- ing new robust privacy laws, a movement that has gathered momentum in the AUTOMNE 2013 CCCA Canadian Corporate Counsel Association 33