Sovereign Cloud Services: Digital Sovereignty in Australia: Data Localisation Measures and Domestic Government Preferences

Research output: Book/ReportCommissioned ReportResearch

Abstract

The rapid development and pervasive use of digital technology throughout all aspects of society has brought ‘digital sovereignty’ to the forefront of many governments’ policy agendas, including Australia’s. Many countries have introduced digital sovereignty laws of varying scope on account of concerns about cybersecurity, data privacy and sensitivity, and cyber capabilities, often imposing broad restrictions on cross-border data transfer or introducing local content requirements for digital-related services. These measures draw a fine line between legitimate data protection and ‘data protectionism’ in many cases.

In this paper, I seek to show that a level of ‘digital sovereignty’ will continue to play a critical role in securing and developing Australia’s national interests. I also show that Australia retains the regulatory autonomy under international trade law to adopt a form of digital sovereignty that strikes an appropriate balance between its outward-looking trade agenda and its national interests. Australian governments have sufficient latitude under international trade law to introduce legitimate regulatory measures relating to digital sovereignty, provided that such measures – by remaining proportionate to their objectives – neither undermine Australia’s position within the multilateral trading regime, nor its progress in achieving effective international cyber regulation.
Original languageEnglish
Place of PublicationMelbourne Vic Australia
PublisherMonash University
Commissioning bodyMacquarie Technology Operations Pty Limited (trading as Macquarie Telecom)
Number of pages31
Publication statusPublished - 27 May 2021

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