Data localization, the practice of keeping data within the region it originated from, is a persistent demand in many parts of the world – and calls for data localization are not going away. Many citizens are beginning to express concerns about the dangers of data that is not localized; at the same time, they are often making countervailing demands on their governments for more unrestricted access to data, facilitated by new information communication technology services. This chapter examines the tensions imminent to the free movement of data while respecting the power of states to guarantee essential rights and freedoms of data subjects. It suggests an underlying tension between hegemonic power (state and non-state, often corporate) and the popular will is a defining feature of the legal and regulatory landscape. Using a Canadian example, this article examines how citizens often support data localization as a concept, until it interrupts their digital landscape. The adverse interests of government actors, corporate entities, and the popular will have given rise to conflicts marked by questions about the nature of where power truly resides in this online sphere.

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Data Localization, Hegemony, and the Popular Will: A View from Canada

  • Matt Malone

摘要

Data localization, the practice of keeping data within the region it originated from, is a persistent demand in many parts of the world – and calls for data localization are not going away. Many citizens are beginning to express concerns about the dangers of data that is not localized; at the same time, they are often making countervailing demands on their governments for more unrestricted access to data, facilitated by new information communication technology services. This chapter examines the tensions imminent to the free movement of data while respecting the power of states to guarantee essential rights and freedoms of data subjects. It suggests an underlying tension between hegemonic power (state and non-state, often corporate) and the popular will is a defining feature of the legal and regulatory landscape. Using a Canadian example, this article examines how citizens often support data localization as a concept, until it interrupts their digital landscape. The adverse interests of government actors, corporate entities, and the popular will have given rise to conflicts marked by questions about the nature of where power truly resides in this online sphere.