Fitting Machine-Generated Data into Trade Regulatory Holes

Document Type

Book Section

Publication Date

2-2022

ISBN

9781108748476

DOI

10.1017/9781108780919.029

Abstract

In an era when the Internet of Things has slowly transformed into the Internet of Everything', data generated or collected by networked sensors, interconnected devices, and intelligent machines have been highly valuable. In October 2017, the European Commission proposed a new sui generis data producer's right for nonpersonal, anonymized machine-generated data. If countries began to create new rights in these data - whether based on the EU proposal or other proposals - the cross-border flow of such data would raise questions about the need for new trade standards. In view of this emerging trade policy debate, the present chapter highlights two sets of challenges concerning the development of new trade standards for regulat- ing the cross-border flow of machine-generated data: (I) national policy development and (2) international norm setting. The chapter begins by identifying five sets of policy questions that have to be addressed before the creation of a new national regime for the protection of machine-generated data. The chapter then turns to the potential complications that would arise in the international norm-setting arena. Taken together, these two sets of challenges show how the protection, regulation, and overall govern- ance of machine-generated data may not fit well with the existing inter- national trade regime.

First Page

738

Last Page

768

Num Pages

31

Publisher

Cambridge University Press

Editor

Antony Taubman

Book Title

Trade in Knowledge: Intellectual Property, Trade and Development in a Transformed Global Economy

Link to Full Text
Buy this Book

Share

COinS