The Pros And Cons Of Transborder Data Flow

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Introduction
Technological advances in computer and telecommunication system have removed some of the traditional barriers to computerized information flows. For example the barrier of distance has been effectively eliminated by Internet, the Internet, in particular, has enabled information to be transfer around the world instantly.

The demand of economic growth has result to data to be transfer globally. As this must happen concern are arise as how to protect individual right and make sure that data are used lawful.

Whereby the UK and EU has impose policy for the individual data to be transfer outside European must meet an adequate level of protection, yet there is an argument that to meet adequate protection of data will result the protectionism between country, while allowing transfer of data abroad may bypass the privacy of individual data protection law.

What is a Transborder Data Flow?
TBDF is the flow of electronic data across political boundaries, such as between states or countries, a process that can cause legal conflicts such as who owns a particular piece of information and who may use it .

Legislation for Trans-border Data Flow
Two crucial international instruments evolved:
The Organization for Economic Co-operation and Development “OECD” adopted guidelines for the protection of privacy of personal information in an effort to harmonize national privacy legislation and prevent interruptions in international data flow.
And the Council of Europe’s 1981 Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data (CoE Convention)
Both the OECD and CoE Convention stress the importance of free flow of information. The OECD Guidelines contain four Basic Principles of Int...

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...cription of selected international responses will reveal some measures, which could be appropriate for many country policy approaches. International agreement have attempted to rationalize the plethora of national responses

The majority of Africa countries including Tanzania doesn’t have any information protection legislation in place, it has been impossible to meet the adequate level of protection standard requires of countries within EU. At the means time the option of EU standard contract and binding can be applicable for organization than doing nothing.

The TBDF has many challenge and issue but important is to recognize the concerns and understanding the reasons behind them while extend existing privacy protection legislation so that future agreements can guarantee protection of rights while ensuring that international data flow of data is necessarily.

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