Resolving cross-border privacy and security misalignments with a unified harmonization framework for U.S. and Canada
1 Ericsson Telecommunications Inc., Lagos, Nigeria.
2 Montclair State University, Montclair, New Jersey, USA.
3 GLOBACOM Nigeria Limited.
4 Independent Researcher, Canada.
Review
Open Access Research Journal of Multidisciplinary Studies, 2023, 06(01), 060-075.
Article DOI: 10.53022/oarjms.2023.6.1.0036
Publication history:
Received on 12 August 2023; revised on 25 September 2023; accepted on 27 September 2023
Abstract:
As cross-border data flows between the United States and Canada continue to increase, the misalignment between privacy and security regulations presents significant challenges. These challenges stem from the differing approaches to data protection, with the U.S. adopting a sectoral framework and Canada enforcing a comprehensive privacy law under the Personal Information Protection and Electronic Documents Act (PIPEDA). This abstract examines the need for a unified harmonization framework that addresses these cross-border privacy and security misalignments while ensuring compliance and facilitating seamless data transfer between the two nations. The proposed framework aims to harmonize the regulatory requirements of both countries by aligning privacy standards and security protocols, fostering mutual recognition of compliance mechanisms, and ensuring that data protection measures meet both U.S. and Canadian legal standards. Key components of the framework include standardized contractual clauses, enhanced data localization policies, and the integration of emerging technologies such as blockchain and artificial intelligence to streamline privacy compliance. This research emphasizes the importance of cross-border cooperation between U.S. and Canadian regulators, businesses, and consumers in overcoming privacy and security challenges. By promoting consistent and transparent data protection practices, the framework seeks to bridge the gaps between differing regulatory landscapes, enabling businesses to operate more efficiently while safeguarding individual privacy rights. The benefits of the proposed framework are multifaceted, ranging from improved consumer trust and confidence to more efficient compliance processes for organizations. However, the implementation of this framework also faces challenges, such as resistance to data localization measures and the need for robust enforcement mechanisms. Nonetheless, this study suggests that with effective collaboration and innovative solutions, the U.S. and Canada can resolve cross-border privacy and security misalignments and create a more secure and trustworthy digital environment for all stakeholders.
Keywords:
Cross-Border Data Flows; Privacy Compliance; U.S.-Canada Privacy Framework; PIPEDA; Regulatory Harmonization; Data Localization; Blockchain; Artificial Intelligence; Privacy Misalignments; Data Protection
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Copyright © 2023 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0