Leaked TISA Documents Reveal Privacy Threat
Under the draft provisions of the latest trade deal to be leaked by Wikileaks, countries could be barred from trying to control where their citizens’ personal data is held or whether it’s accessible from outside the country.
Wikileaks has released 17 documents relating to the Trade in Services Agreement (TISA), currently under negotiation between the US, the European Union and 23 other nations. These negotiating texts are supposed to remain secret for five years after TISA is finalized and brought into force.
The deal, which has been under discussion behind closed doors since early 2013, is intended to remove barriers to trade in services. It’s a sort of companion piece to the Transatlantic Trade and Investment Partnership (TTIP) and the Trans-Pacific Partnership (TPP), which cover trade in goods – but potentially far bigger, with Wikileaks claiming that ‘services’ now account for nearly 80 per cent of the US and EU economies.
Like TTIP and TPP, TISA could be sped through Congress using Trade Promotion Authority (TPA), also known as fast-track authority, which has been passed by the US Senate and may be taken up in the House this month. Under TPA, Congress is barred from making amendments to the trade deals, and most simply give yes-or-no approval.
A demonstrator protests against the legislation to give US President Barack Obama fast-track authority to advance trade deals (Credit: Saul Loeb/AFP/Getty Images)
And the contents of TISA make interesting reading, particularly for anybody concerned about privacy. Under the draft agreement, the EU would be barred from requiring the personal data of its citizens to be held within European borders, an idea currently under discussion in Germany.
“No Party may require a service supplier, as a condition for supplying a service or investing in its territory, to: (a) use computing facilities located in the Party’s territory,” the leaked draft stipulates.
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