The purpose of this paper is to contribute to, and help drive the formation of, policies concerning cloud computing in Asia. The paper addresses the increasing complexities surrounding the transfer of data between jurisdictions, and the problems this poses for operators, such as carriers, remittance service providers, social networks, Internet and e-commerce companies, offering legitimate cross-border data transfer services. As the opening citation suggests, progress towards a harmonized solution has been slow, but the urgency to find one has increased.
This paper, commissioned by the APCC, builds on original research developed by the ACCA as part of a broader and ongoing study on Data Sovereignty throughout the Asia Pacific. It argues that law makers and regulators should balance their efforts to protect personal data privacy and data in key sectors, such as banking and health services, with solutions that facilitate and therefore lower the cost of data transfers under all reasonable circumstances.