It is important to stress that this use of personal data is completely different from
the techniques of big data. In this case, huge amounts of data are statistically treated
as aggregate and untraceable information and, consequently, it is not possible to
perform any kind of individual profiling there through.
In any case, many individuals whose data may be appropriated and processed by
firms, associations and even governments may have their complaints, and in
particular:
1. Data is a valuable good that belongs to the person and should be paid for;
2. Sharing and treating data may jeopardize the privacy;
3. Individuals get exposed to smart marketing techniques; and
4. Data may be replicated under lower safety measures and get in wrong hands.
Consequently, there is a tension between opposed interests of consumers and
business regarding the free use and transfer of personal data. Customers increasingly
fear the consequences of misuse of their personal data and that is a possible obstacle
to the growth of direct purchases online.
E-commerce, nevertheless, steadily increases both in absolute and relative terms.
It is expected to correspond to about 15% of retail shopping in 2021
2 and $3000
billion USD in 2019.
3 Though most of these operations are domestic, there is also a
growing number of international transactions. The impacts of e-commerce on
international trade of goods and services also are bigger than ever and, therefore,
International Trade Law is applicable to many situations related to data protection
and may be adapted to deal properly therewith.
It is possible to categorize the e-commerce transactions that have effects on
international trade in terms of four variables: (a) agent (consumer or business),
(b) territorial scope (domestic or international), (c) object (on goods, services or
mixes), and (d) performance (online, actual or mixed). Many of these transactions
depend on sharing personal data with other companies, as well as, not oddly, transboundary transfer. Nevertheless, it is also possible to imagine a myriad of situations
in which misuse and illegitimate transfer of personal data could happen.
Considering this scenario, the challenge of International Trade Law is to secure
that national policies on data protection do not unduly restrict trade and, particularly,
are not used as measures to protect national markets from foreign goods and
services. From this perspective, its primary aim is not to protect consumers’ or
individuals’ privacy, since the multilateral WTO system as well as bilateral and
regional trade and investment agreements are clearly designed to the legitimate
objective of increasing international flows of wealth and a more efficient international economy.
2 Data in https://www.statista.com/statistics/534123/e-commerce-share-of-retail-sales-worldwide/,
access in January 20th, 2018.
3 Data in https://www.statista.com/statistics/377624/leading-countries-retail-e-commerce-sales/,
access in January 20th, 2018.
Data Protection in International Trade Law
483
the techniques of big data. In this case, huge amounts of data are statistically treated
as aggregate and untraceable information and, consequently, it is not possible to
perform any kind of individual profiling there through.
In any case, many individuals whose data may be appropriated and processed by
firms, associations and even governments may have their complaints, and in
particular:
1. Data is a valuable good that belongs to the person and should be paid for;
2. Sharing and treating data may jeopardize the privacy;
3. Individuals get exposed to smart marketing techniques; and
4. Data may be replicated under lower safety measures and get in wrong hands.
Consequently, there is a tension between opposed interests of consumers and
business regarding the free use and transfer of personal data. Customers increasingly
fear the consequences of misuse of their personal data and that is a possible obstacle
to the growth of direct purchases online.
E-commerce, nevertheless, steadily increases both in absolute and relative terms.
It is expected to correspond to about 15% of retail shopping in 2021
2 and $3000
billion USD in 2019.
3 Though most of these operations are domestic, there is also a
growing number of international transactions. The impacts of e-commerce on
international trade of goods and services also are bigger than ever and, therefore,
International Trade Law is applicable to many situations related to data protection
and may be adapted to deal properly therewith.
It is possible to categorize the e-commerce transactions that have effects on
international trade in terms of four variables: (a) agent (consumer or business),
(b) territorial scope (domestic or international), (c) object (on goods, services or
mixes), and (d) performance (online, actual or mixed). Many of these transactions
depend on sharing personal data with other companies, as well as, not oddly, transboundary transfer. Nevertheless, it is also possible to imagine a myriad of situations
in which misuse and illegitimate transfer of personal data could happen.
Considering this scenario, the challenge of International Trade Law is to secure
that national policies on data protection do not unduly restrict trade and, particularly,
are not used as measures to protect national markets from foreign goods and
services. From this perspective, its primary aim is not to protect consumers’ or
individuals’ privacy, since the multilateral WTO system as well as bilateral and
regional trade and investment agreements are clearly designed to the legitimate
objective of increasing international flows of wealth and a more efficient international economy.
2 Data in https://www.statista.com/statistics/534123/e-commerce-share-of-retail-sales-worldwide/,
access in January 20th, 2018.
3 Data in https://www.statista.com/statistics/377624/leading-countries-retail-e-commerce-sales/,
access in January 20th, 2018.
Data Protection in International Trade Law
483