Global Cross-Border Privacy Rules (CBPR)
I have been writing about the importance of CBPR covering international data flows various times already and indicated in my last column on this subject that there is a discussion around the world to move from APEC CBPR to Global CBPR before the end of this year.
I was delighted to see that the National Privacy Commission (NPC) has commented on this development and would like to share with you some of the NPC’s views on the move from APEC to Global:
Acknowledging the important contribution made by the Asia-Pacific Economic Cooperation (APEC) in developing the APEC CBPR System to foster cross border data flows and interoperability,
NPC declares:
1. The establishment of a Global CBPR Forum to promote interoperability and help bridge different regulatory approaches to data protection and privacy;
2. The objectives of the Global CBPR Forum are to: . establish an international certification system based on the APEC Cross Border Privacy Rules (CBPR) and Privacy Recognition for Processors (PRP) Systems;
a. support the free flow of data and effective data protection and privacy through promotion of the Global CBPR and PRP Systems;
b. provide a forum for information exchange and cooperation on matters related to the Global CBPR and PRP Systems;
c. periodically review data protection and privacy standards of members to ensure Global CBPR and PRP program requirements align with best practices; and
d. promote interoperability with other data protection and privacy frameworks.
SCOPE OF ACTIVITY
1. The Global CBPR Forum is expected to:
. promote expansion and uptake of the Global CBPR and PRP Systems globally to facilitate data protection and free flow of data;
a. disseminate best practices for data protection and privacy and interoperability; and
b. pursue interoperability with other data protection and privacy frameworks.
MODE OF OPERATION
1. Cooperation is intended to be based on:
. the principle of mutual benefit and a commitment to open dialogue and consensus-building, with equal respect for the views of all members;
a. consultation and exchange of views among representatives of members, drawing upon research, analysis and policy ideas contributed by members and other relevant organisations; and
b. active multistakeholder participation in appropriate activities.
PARTICIPATION
1. Participation in the Global CBPR Forum is intended to be open, in principle, to those jurisdictions which accept the objectives and principles of the Global CBPR Forum as embodied in this Declaration.
2. Decisions regarding future participation in the Global CBPR Forum should be made on the basis of a consensus of all members.
3. Non-members may be invited to the meetings of the Global CBPR Forum upon such terms and conditions as may be determined by all members.
ORGANIZATION
1. Meetings of Global CBPR Forum members should be held at least biannually to determine the direction and nature of activities within the framework of this Declaration and decide on arrangements for implementation. Meetings can be held in person or remotely.
2. Additional meetings may be convened as decided by all members.
Additionally, NPC explains that
1. The Global CBPR Forum intends to establish an international certification system based on the APEC CBPR and PRP Systems, but the system will be independently administered and separate from the APEC Systems. The founding members of the Global CBPR Forum will consult with Accountability Agents and certified companies in the APEC Systems to formally transition operations from APEC to the Global CBPR Forum and will provide at least 30 days’ notice to Accountability Agents.
2. APEC CBPR and PRP certifications will continue to be provided through APEC-approved Accountability
Agents until further notice. The founding members of the Global CBPR Forum that are currently participants in the APEC CBPR System plan to transition operations of the CBPR and PRP Systems from APEC to the Global CBPR Forum and will provide at least 30 days’ notice to Accountability Agents. All approved Accountability Agents and certified companies will automatically be recognized in the new Global CBPR Forum based on the same terms that they are recognized within the APEC CBPR and PRP Systems. Please contact your Accountability Agent for more information on the transition to the Global CBPR Forum.
As mentioned above, it is expected that the Global CBPR System will be introduced before the end of this year. I will keep you informed as we follow this important development internally and internationally closely. Feedback is appreciated; please contact me at hjschumacher59@gmail.com