(2012),
61 the United States-Morocco FTA (2006),
62 the United States-Oman FTA
(2009),
63 the United States-Panama FTA (2012),
64 the United States-Peru FTA
(2009),
65 and the United States-Singapore FTA (2003).
66
The China-Korea FTA (2015) does not explicitly include the protection of legal
persons’ data, although “individual customers” potentially can be construed as
including these entities, as long as the expression “personal data” is not used to
qualify the information.
67 The EU-Canada CETA uses the term “individual consumers” and complements it with “cross-border financial service suppliers, financial
confidential information, the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.”
61 USA-COL FTA, Article 12.7: “Treatment of Certain Information. Nothing in this
Chapter requires a Party to furnish or allow access to: (a) information related to the financial affairs
and accounts of individual customers of financial institutions or cross-border financial service
suppliers; or (b) any confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or prejudice legitimate commercial interests of
particular enterprises.”
62 USA-MOR FTA, Article 12.7: “Treatment of Certain Information. Article 12.5 (Disclosure of
Information) does not apply to this Chapter. Nothing in this Chapter shall be construed to require a
Party to furnish or allow access to: (a) information related to the financial affairs and accounts of
individual customers of financial institutions or cross-border financial service suppliers; or (b) any
confidential information the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.”
63 USA-OMA FTA, Article 12.7: “Treatment of Certain Information. Nothing in this
Chapter requires a Party to furnish or allow access to: (a) information related to the financial affairs
and accounts of individual customers of financial institutions or cross-border financial service
suppliers; or (b) any confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or prejudice legitimate commercial interests of
particular enterprises.”
64 USA-PAN FTA, Article 12.7: “Nothing in this Chapter requires a Party to furnish or allow access
to: (a) information related to the financial affairs and accounts of individual customers of financial
institutions or cross-border financial service suppliers; or (b) any confidential information the
disclosure of which would impede law enforcement or otherwise be contrary to the public interest
or prejudice legitimate commercial interests of particular enterprises.”
65 USA-PER FTA, Article 12.7: “Treatment of Certain Information. Nothing in this Chapter requires
a Party to furnish or allow access to: (a) information related to the financial affairs and accounts of
individual customers of financial institutions or cross-border financial service suppliers; or (b) any
confidential information the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.”
66 USA-SIN FTA, Article 10.7: “Treatment of Certain Information. Nothing in this Chapter requires
a Party to furnish or allow access to: (a) information related to the financial affairs and accounts of
individual customers of financial institutions or cross-border financial service suppliers; or (b) any
confidential information, the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.”
67 CHI-KOR FTA, Chapter 9, Article 9.4: “Treatment of certain information. Nothing in this
Chapter shall be construed to require a Party to disclose information relating to the affairs and
accounts of individual customers or any confidential or proprietary information in the possession of
public entities.” It is important to stress that the “personal information” is the expression employed
in Chapter 13—Electronic Commerce—on the issue of data protection.
502
J. A. F. Costa
61 the United States-Morocco FTA (2006),
62 the United States-Oman FTA
(2009),
63 the United States-Panama FTA (2012),
64 the United States-Peru FTA
(2009),
65 and the United States-Singapore FTA (2003).
66
The China-Korea FTA (2015) does not explicitly include the protection of legal
persons’ data, although “individual customers” potentially can be construed as
including these entities, as long as the expression “personal data” is not used to
qualify the information.
67 The EU-Canada CETA uses the term “individual consumers” and complements it with “cross-border financial service suppliers, financial
confidential information, the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.”
61 USA-COL FTA, Article 12.7: “Treatment of Certain Information. Nothing in this
Chapter requires a Party to furnish or allow access to: (a) information related to the financial affairs
and accounts of individual customers of financial institutions or cross-border financial service
suppliers; or (b) any confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or prejudice legitimate commercial interests of
particular enterprises.”
62 USA-MOR FTA, Article 12.7: “Treatment of Certain Information. Article 12.5 (Disclosure of
Information) does not apply to this Chapter. Nothing in this Chapter shall be construed to require a
Party to furnish or allow access to: (a) information related to the financial affairs and accounts of
individual customers of financial institutions or cross-border financial service suppliers; or (b) any
confidential information the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.”
63 USA-OMA FTA, Article 12.7: “Treatment of Certain Information. Nothing in this
Chapter requires a Party to furnish or allow access to: (a) information related to the financial affairs
and accounts of individual customers of financial institutions or cross-border financial service
suppliers; or (b) any confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or prejudice legitimate commercial interests of
particular enterprises.”
64 USA-PAN FTA, Article 12.7: “Nothing in this Chapter requires a Party to furnish or allow access
to: (a) information related to the financial affairs and accounts of individual customers of financial
institutions or cross-border financial service suppliers; or (b) any confidential information the
disclosure of which would impede law enforcement or otherwise be contrary to the public interest
or prejudice legitimate commercial interests of particular enterprises.”
65 USA-PER FTA, Article 12.7: “Treatment of Certain Information. Nothing in this Chapter requires
a Party to furnish or allow access to: (a) information related to the financial affairs and accounts of
individual customers of financial institutions or cross-border financial service suppliers; or (b) any
confidential information the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.”
66 USA-SIN FTA, Article 10.7: “Treatment of Certain Information. Nothing in this Chapter requires
a Party to furnish or allow access to: (a) information related to the financial affairs and accounts of
individual customers of financial institutions or cross-border financial service suppliers; or (b) any
confidential information, the disclosure of which would impede law enforcement or otherwise be
contrary to the public interest or prejudice legitimate commercial interests of particular enterprises.”
67 CHI-KOR FTA, Chapter 9, Article 9.4: “Treatment of certain information. Nothing in this
Chapter shall be construed to require a Party to disclose information relating to the affairs and
accounts of individual customers or any confidential or proprietary information in the possession of
public entities.” It is important to stress that the “personal information” is the expression employed
in Chapter 13—Electronic Commerce—on the issue of data protection.
502
J. A. F. Costa