Transnational personal data flows and blockchain technology

Transnational data flows are integral to the world economy. Data flows constitute either personal or commercial data, or both. This paper explores data flows across blockchain technology. It examines the current day international and national data flows regulatory frameworks of Australia, India, Singapore, United Kingdom (UK) and the United States (US), including a selection of transnational trade agreements. The paper will demonstrate how the fragmented approach to allocating responsibilities for managing data has resulted in gaps in the law in some jurisdictions, such as requiring a controller or processor to be appointed. This tension continues to remain because blockchain technology is not regulated by governments in the same way as the users of data. Rather, blockchain to date is governed by its own set of self-regulatory protocols and rules. This paper calls for an urgent review of the governance arrangements of the technology to ensure it upholds the public good and is not used by adversaries against governments and society.