In March 2018, New Zealand signed the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP) and is currently considering its ratification. Chapter 14 of the TPP on electronic communications includes several provisions that affect data and privacy obligations with respect to New Zealand’s activities with the ten other member countries.46 Relevant provisions include: • Personal Information Protection: Each Party is called on to adopt or maintain a legal framework that protects users of electronic communications personal information. It recommends looking toward existing privacy principles when doing so. • Cross Border Transfer of Information by Electronic Means: Allows for the crossborder transfer of personal information when the activity is for the “conduct of the business of the covered person. • Data localisation: Parties cannot require companies to locate computing facilities in another Party’s territory as a condition for conducting business in that territory. This ensures that businesses who want to conduct business in a Party’s territory will have the freedom to choose where to store the data. • Source Code: Prevents a country from requiring access to source code as a condition for conducting business. However, this does not extend to software used for critical infrastructure. 46 Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, Peru, Singapore, Vietnam. 14

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