Future Directions for Cooperation among Like-minded Countries to Operationalize DFFT with a Focus on Government Access

In order to operationalize the DFFT initiative promoted by the Japanese Government, it is important how government access to data held by the private sector is disciplined. In the EU GDPR, an interpretation and practice has developed that protection from government access in third countries is a prerequisite for cross-border data transfers. At the international level, the Declaration on Government Access to Personal Data Held by Private Sector Entities was adopted at the OECD. In addition, some trade agreements include provisions to promote the free flow of data while ensuring the protection of personal data.

On the other hand, in promoting the free flow of data, it is also important from the perspective of effective law enforcement to ensure appropriate and effective government access, including the collection of electronic evidence located not only in the country's own territory, but also at the destination of the cross-border transfer. In this regard, the US CLOUD Act provides a framework for executive agreements on cross-border data disclosure requests for the purpose of countering crime. This could be a means of ensuring the effectiveness and propriety of cross-border government access to data between like-minded countries.

In light of these trends, this paper explores the future directions for cooperation among like-minded countries that will allow for the operationalization of DFFT with a focus on government access.