The Tour d’ Horizon of Data Law Implications of Digital Twins
protection( as the transferor country) to the personal data and / or explicit consent has been obtained from the Data Subject for the transfer of data.
4.4.1 POTENTIAL RISKS
Under data laws, safety and transfer of health related information has been given specific attention. For instance, a legislation specific to the state of Ontario( Canada) permits the transfer of personal health information only if at least one of the seven conditions prescribed are met. These conditions, amongst others, include specific consent of the individual or if it is necessary for the provision of healthcare to the individual, provided that the individual has not objected to such disclosure. 39 Interestingly, Saudi Arabia has a specific exception that permits the transfer of personal data in cases of extreme necessity such as to preserve the life of the Data Subject, or to prevent, examine, or treat a disease. 40 This may permit the transfer of data for the creation of human or organ DT( as may be required).
In some countries, the sectoral data laws also prescribe data transfer restrictions. For certain Product DTs such as cars, aircrafts( in the Aviation Use Case), geospatial data may also be collected and may be subject to sectoral laws related to geospatial data. For instance, in India, as previously stated, the export of specific categories of geospatial data is restricted, 41 and China has a strict licensing regime to permit entities to survey and map the territory. 42
On similar lines, data related to defense may be subject to confidentiality requirements due to its critical link to national security. For instance, in the US, the Secretary of Defense carries out a“ Defense Information Assurance Program.” The objective of this program includes ensuring the authenticity and confidentiality of the defense information infrastructure. Its strategy encompasses conducting vulnerability and threat assessments, organizing exercises, and simulating scenarios to counteract information warfare threats effectively. 43
Similarly, in China, there is a specific legislation to guard“ state secrets.” As per this law, state secrets encompass information related to national defense and activities of the armed forces. 44 It prohibits the unauthorized carrying, transmission, posting, or transport of documents or
39
Section 50, Personal Health Information Protection Act, 2004, Ontario, Canada.
40
Article 29( 3), PDPL, Saudi Arabia.
41
Guidelines for acquiring and producing Geospatial Data and Geospatial Data Services including Maps, 2021, India; Office Memorandum on Clarifications / Compliance points in pursuance to Geospatial Guidelines dated November 28, 2022, India.
42
Surveying and Mapping Law of the People ' s Republic of China, 1992, China [ Our analysis is based on the English translation of the law ].
43
§ 2224, Chapter 131, Part IV, Subtitle A – General Military Law, Title 10- Armed Forces, US.
44
Article 8, Law of the People ' s Republic of China on Guarding State Secrets( 1988). 86
May 2025