On December 2, 2010, Christopher Kuner, partner in Hunton & Williams’ Brussels office, presented his 90-page study entitled “Regulation of Transborder Data Flows Under Data Protection and Privacy Law: Past, Present, and Future” at a meeting of the OECD Working Party on Information Security and Privacy in Paris. The study was written in Mr. Kuner’s capacity as a Visiting Researcher at the Tilburg University Institute of Law, Technology, and Society (“TILT”) in the Netherlands. A revised version of the study will be annexed to the report to be prepared in 2011 by the Working Party on the 30th anniversary of the OECD Privacy Guidelines.
The study describes the historical development of regulation of transborder data flows and its present status in legal systems around the world; evaluates the policies underlying such regulation; and draws some conclusions for the future. The study also contains a comprehensive annex with excerpts from relevant provisions of data protection and privacy instruments and laws dealing with transborder data flows.
