Perhaps before we start discussing information security and
transborder data flows, we need to briefly address two of the
characteristics of the global society nowadays: economical and cultural
interdependence and the ever-growing technological developments. Indeed,
if we refer strictly to the countries in the OECD, countries that are most
advanced technologically, the globalization process taking place for the
last couple of years has meant that they tend to interact more often, in
such a manner that we can now address the term of "Transborder Data Flows".
According to one of the articles, these can be defined as "flows of data
with an international dimension"[1].
The internalization of information and the increasing data flow has
two major implications, in my point of view. For once, it induces the OECD
states to create the appropriate regulation that will prevent such things
as "the unlawful storage of personal data, the storage of inaccurate
personal data, or the abuse or unauthorized disclosure of such data"[2].
This means that each country needs to create a set of laws, constituting
thus the appropriate legislative base that will regulate the process.
The second implication regards this legislative set in a global
context. Acknowledging the fact that the countries members of the OECD are
also those which will be exchanging most information and will play the most
important part in the transborder data flows, it is to be assumed that a
set of rules that have a common ground and are harmonized with one another
will tend to facilitate the international exchange of data and information.
As we can see, we have two somewhat opposite implications in what the
transborder data flows are concerned. On one hand, we are referring to
regulation, because we need to make sure that the international data flows
do not violate essential human rights, on the other...