Towards Global Data Governance: The Data Protection Dilemma at the WTO

Rapid technological advancements driven by data highlight the importance of data protection like never before. Free flow of data is crucial for maximizing the value that can be derived from it, only for this to be threatened by global fragmentation of data protection rules. Data protection has thus emerged as a global public good exemplifying the need for global convergence of data protection norms for frictionless flow of data across borders. Efforts are afoot at various international fora offering varying normative solutions. This thesis explores whether the World Trade Organization can serve as an adequate venue for the global convergence of data protection norms parallel to provisions on free flow of data amongst its Members. It analyzes the challenge of incorporating a human rights approach at the WTO and relies on the proportionality principle for balancing trade and non-trade interests.