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We are currently witnessing major changes to the regulation of privacy, both in Europe and North America, as well as in the Asia-Pacific region. One of the most complex and controversial aspects of any regulatory scheme addressing privacy is the regulation of cross-border data flows, and such regulation has become all the more complex in an interconnected world. After providing some necessary background observations regarding the issues surrounding the regulation of cross-border data flows on the Internet, this article identifies and analyses eight fundamental policy considerations for any regulatory scheme addressing cross-border privacy issues.
This document has been peer reviewed.