Elizabeth nduta Bit 008-0084-2009

1)

TBDF may be broadly defined as the transfer of computerized data across national borders. This definition requires that data not only be transmitted across national borders, but that it also be stored outside the originating jurisdiction.

2)

Types of data transmitted in TBDF

Personal Data Personal data is the most sensitive type of data. It includes data such as plane reservations, medical or criminal records, and credit card billings. Most countries have recognized or are recognizing the need to provide some protection against unauthorized processing of sensitive personal data. Technical Data Technical or scientific data includes weather forecasting, geological exploration, market research, product specifications and experimental results. This information is usually of considerable economic and strategic importance, and is usually central to any transfer of technology arrangement. Some of this information is now gathered by remote sensing satellites. Business Data Business data is that by which financial and business transactions are conducted and contracts are executed.. With the automation of the financial and corporate sectors "the computerized supply of financial and commercial information has become a major and growing source of profit. Hence, governments are beginning to regulate them. They wish either to tax these profits or protect domestic industries. . Organizational Data Organizational data is sometimes called "operational data" as it relates to the administrative functions or decisions of transnational organizations, usually between a corporation and its subsidiaries, foreign distributors, or licensees. These are regulated for not only the protection of personnel records and their personal information, but also for political or economic reasons. 3) Types of data flows One-Way Flows: One-way flows either consolidate or distribute information from sources in other countries. Hence, there are two types of one-way flows. Transnational Network Flows: Transnational network flows exist where users in one country connect to a host computer in another to use either the host computer's facilities or databases. Multinational Network Flows: Multinational network flows are characterized by multiple users and hosts where data storage and processing may be centralized, decentralized, or both. Distribution Flows: Where a centralized operation distributes data to several subsidiary organizations there is a distribution flow. Consolidation Flows: Consolidation flows demonstrate a simple subsidiary reporting relationship

Two-Way Flows: Two-way transfers of data occur for two reasons: lack of processing capacity in the home country; or, where databases are shared internationally (such as a credit reporting agency). There are also two types of sub flows: transnational and multinational. Reasons for regulation Privacy Computers have facilitated the amassing of information about individuals for a large number of purposes. Communications technology has allowed the rapid and easy transfer of information within and between countries. This has caused concern over the reasons for which personal information is collected, how it is stored, and its possible applications that may be adverse to individual interests. This has led many countries to pass privacy legislation to protect a persons' privacy. Security Some countries may feel their national security is threatened by excessive reliance on and use of TBDFs. They may introduce legislation to ensure that the critical mass of national data is not held outside the state; fearing that data stored and processed in another state may become inaccessible in a time of political confrontation. Sovereignty Loosely defined, "sovereignty" seems to concern a nation's ability to protect its political autonomy and cultural integrity. There are several areas in which states are feeling threats to their sovereignty. For example, a specific fear of Europeans is that data moved via communications technology, outside the state could become the target of espionage. Economics The status of data-processing operations can have significant economic consequences for nations, since it creates high paying technical jobs in data-processing countries, leaving low paying jobs and key punch operations in data exporting countries. TBDFs are becoming national economic indicators, as important as balance of trade and employment. It is not surprising then, that the pursuit of economic advantage has become the driving force in the erection of barriers to TBDFs.