Published papers

In January 2019, the then Japanese prime minister, Shinzo Abe, proposed the idea of “Data Free Flow with Trust” (DFFT) in a speech at the World Economic Forum’s annual meeting. The US-Japan Digital Trade Agreement, which reflects the digital chapters of the Transpacific Partnership Agreement, became effective on 1 January 2020. The Agreement is part of the effort to realise DFFT and provides guidelines on cross-border data flows. While it is important to ensure freedom of business activities, regulating the flow of data to safeguard legally protected interests is also justifiable. Article 4 of the Agreement provides for national security exceptions. What national security means has not been defined by the World Trade Organization or the Organisation for Economic Co-operation and Development , nor in the laws of the United States and Japan. Thus attempts to regulate digital trade based on national security are fraught with ambiguity and varying interpretations in both countries. Although fifth-generation mobile communications standards will soon be implemented, control of digital trade has just begun. Issues ahead include legal clarity about balancing national security with the free flow of data. DFFT is a matter of securing rights for citizens and security for states. If national security is cited as a reason for restricting the flow of data or right to access it, there should be no abuse of discretion.