Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative released the text of the TPP, an agreement among the United States and 11 Asia-Pacific countries (Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam). The Agreement?which is now before Congress for a straight up or down vote?sets trade rules to open markets and promote jobs and economic growth in all of the signatory countries. The TPP does something else as well. In recognition of “the economic and social benefits of protecting the personal information of users of electronic commerce,” Article 14.8 of the Agreement sets forth agreed-upon standards for protecting personal information.

Anatomy of the Privacy Provisions -

Article 14 of the TPP addresses electronic commerce. It defines “personal information” expansively as “any information, including data, about an identified or identifiable natural person.” Art. 14.1. Article 14.8 obligates the parties to the Agreement to “adopt or maintain a legal framework that provides for the protection of the personal information of the users of electronic commerce” and, in so doing, “to take into account principles and guidelines of relevant international bodies.” Art. 14.8.2.