Building better global data governance

Abstract In this article, we explore the challenges of global governance and the particular challenge presented by global data governance. We discuss a range of challenges to developing meaningful global governance institutions for regulating how companies and governments around the world manage and utilize consumer data. These challenges are compounded by their global nature and the complexities of Internet-based technologies. We argue that the following gaps exist for effective global data governance: (a) there is no overarching global framework for protecting consumer data, and it is partial and incomplete; (b) there is a lack of data protection for international data transfers, as much of the regulation that is being developed is not global in scale; and (c) new areas of data collection and use compound concerns to effective data governance in a globalized digital world. Moreover, we highlight important needs in terms of both global governance and impending challenges related to current and new uses of data. Any global governance framework should recognize the need for an iterative process where communication is ongoing between the necessary stakeholders. Agreements should incorporate common goals to maximize the potential development of global data governance norms. However, goals must remain flexible to the different data environments across nation-states while maintaining a global scope to ensure data protection. In addition, any agreement should consider the emerging challenges in this area. These challenges include new methods of data collection and use, as well as protecting individuals from manipulation and undue influence based on how their data are being used, processed, and collected.