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Asia-Pacific Developments in Information Privacy Law and Its Interpretation

Asia-Pacific Developments in Information Privacy Law and Its Interpretation PDF Author: Graham Greenleaf
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
It is easy to be preoccupied with our domestic information privacy laws to the exclusion of the international context in which they operate and the international forces on their formation and implementation. In this paper I provide a brief survey of the main international agreements and institutions currently influencing the development and operation of information privacy laws in Asia-Pacific countries. I suggest that Asia-Pacific Privacy Commissioners are yet to achieve a significant enough collective role; that the UN is largely irrelevant to the future of privacy protection; that the APEC Privacy Framework is a missed opportunity for a meaningful regional privacy agreement; and that it is now potentially useful for less developed countries provided a careful eye is kept on the role of the US and its privacy allies; that we need to better understand the interpretation of privacy principles by Courts, Tribunals and Commissioners so as to develop an Asia-Pacific privacy jurisprudence, and that our best hope for some type of meaningful international standard may be (strange as it seems) for Asia-Pacific countries to join the Council of Europe privacy Convention.

Asia-Pacific Developments in Information Privacy Law and Its Interpretation

Asia-Pacific Developments in Information Privacy Law and Its Interpretation PDF Author: Graham Greenleaf
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
It is easy to be preoccupied with our domestic information privacy laws to the exclusion of the international context in which they operate and the international forces on their formation and implementation. In this paper I provide a brief survey of the main international agreements and institutions currently influencing the development and operation of information privacy laws in Asia-Pacific countries. I suggest that Asia-Pacific Privacy Commissioners are yet to achieve a significant enough collective role; that the UN is largely irrelevant to the future of privacy protection; that the APEC Privacy Framework is a missed opportunity for a meaningful regional privacy agreement; and that it is now potentially useful for less developed countries provided a careful eye is kept on the role of the US and its privacy allies; that we need to better understand the interpretation of privacy principles by Courts, Tribunals and Commissioners so as to develop an Asia-Pacific privacy jurisprudence, and that our best hope for some type of meaningful international standard may be (strange as it seems) for Asia-Pacific countries to join the Council of Europe privacy Convention.

Data Protection Law

Data Protection Law PDF Author: Robert Walters
Publisher: Springer Nature
ISBN: 9811381100
Category : Law
Languages : en
Pages : 451

Book Description
This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.

Asian Data Privacy Laws

Asian Data Privacy Laws PDF Author: Graham Greenleaf
Publisher: OUP Oxford
ISBN: 0191669148
Category : Law
Languages : en
Pages : 622

Book Description
The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.

Major Changes in Asia Pacific Data Privacy Laws

Major Changes in Asia Pacific Data Privacy Laws PDF Author: Graham Greenleaf
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
Nearly a quarter of a century after data privacy laws (or as the Europeans say, 'data protection') first appeared in Asia and the Pacific, 2011 was a watershed year, with dramatic developments in the expansion of data protection laws in Asia. This article surveys data privacy legislation developments across Asia (from Japan to Pakistan, and from Mongolia to Indonesia), plus Australasia and the Pacific. The highlights of these new developments are new data privacy laws in South Korea, Taiwan, Malaysia and India, privacy protections in Vietnam's new consumer law, and reform proposals in Singapore, Hong Kong, Australia and New Zealand. Legislative action seems to parallel the accelerating scale of threats to privacy, typified by massive data breaches in country after country, but the causal relationship is beyond the scope of this article. The article analyses these development, and the state of play in other countries of the regions, by sub-regions, in order of where the most dramatic recent developments have taken place: South Asia; North Asia; Indo-China; Australasia and the Pacific. The emphasis is on developments over the last 18 months, but background on previous data privacy laws is provided. The article updates Greenleaf, G 'Asia-Pacific Data Privacy: 2011, Year of Revolution?' (2011) Kyung Hee Law Journal.

New Dimensions in Privacy Law

New Dimensions in Privacy Law PDF Author: Andrew T. Kenyon
Publisher: Cambridge University Press
ISBN: 9780521860741
Category : Law
Languages : en
Pages : 328

Book Description
This broad-ranging examination of privacy law considers the challenges faced by the law in changing technological, commercial and social environments. It encompasses three overlapping areas of analysis : privacy protection under the general law; legislative measures for data protection in digital communications networks; and the influence of transnational agreements and other pressures towards harmonised privacy standards. Leading internationally recognised authors discuss developments across these three areas in the United Kingdom, Europe, the United States, Australia and New Zealand.

Protecting Privacy in China

Protecting Privacy in China PDF Author: Hao Wang
Publisher: Springer Science & Business Media
ISBN: 3642217508
Category : Law
Languages : en
Pages : 219

Book Description
Today, privacy is one of the most hotly debated topics worldwide. The book aims to balance the development of personal rights in a country that has historically valued collective rights over those of the individual. The protection of privacy is not an issue that has been emphasised during the rapid development of economic laws in China. However, the accompanying development of greater government-based regulation of these laws’ implementation has led to greater invasions of personal privacy. This study attempts to provide a way forward for China to address the ever-increasing concerns about the protection of privacy and puts forward a legislative model for protection. This is achieved after a thorough analysis of the threats to privacy protection in China, a critical evaluation of the level of current privacy protection in China, and an analysis of the privacy laws in a series of developed nations based on common law and civil law.

Data Protection Law A Comparative Analysis of Asia Pacific and European Approaches

Data Protection Law A Comparative Analysis of Asia Pacific and European Approaches PDF Author: Robert Walters
Publisher:
ISBN:
Category :
Languages : en
Pages : 4

Book Description
This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. While the book demonstrates that in some jurisdictions that the protection of personal data is viewed in the context of protecting a human right, the book also demonstrates that there are increasingly economic factors that need to considered. That is, various models and legal frameworks have emerged that, provide a level of privacy protection over the Internet. The models and legal frameworks also, in part, taken a subtle but important focus by enabling data protection law to be an effective tool to further protect privacy. Moreover, depending on the state or jurisdiction, the model adopted will be heavily influenced by their past, economic and religious backgrounds. Thus, what has also emerged is a framework that protects personal data, but also, takes a business friendly approach, to promote the digital economy. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace.The book highlights challenges and potential solutions related to data protection issues arising from cross- border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. More importantly, the book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.

Independence of Data Privacy Authorities

Independence of Data Privacy Authorities PDF Author: Graham Greenleaf
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
Part I of this article analyses the views of learned commentators on what constitutes the 'independence' of data protection authorities (DPAs). It concluded that a more satisfactory answer needed to be found in the international instruments on data privacy and on human rights bodies, their implementation and judicial interpretation, and in the standards that have been proposed and implemented by DPAs themselves. It found that only the OECD and APEC privacy agreements did not require a DPA (and therefore had no standards for its independence). Thirteen factors were identified as elements of 'independence' across these instruments and standards, five of which were more commonly found than others. Part II of this article considers how criteria for independence of DPAs have been implemented in those jurisdictions in the Asia-Pacific with data privacy laws (Australia, Hong Kong SAR, India, Japan, Macau SAR, Malaysia, South Korea, Taiwan, and Thailand, plus five Australian States and Territories). It finds seven of the elements of independence found in international instruments and standards are often found in these jurisdictions, and some others are found occasionally. It argues that the jurisdictions in the Asia-Pacific whose data privacy laws include an independent DPA provide a better level of privacy protection than those whose laws do not include a DPA, based on conclusions about effectiveness in other studies. However, regional experience does not yet tell us much about the most desirable structure for a DPA. To be published in two parts in 2012.

Asia Pacific Legal Developments Bulletin

Asia Pacific Legal Developments Bulletin PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 458

Book Description


Global Privacy and Security Law

Global Privacy and Security Law PDF Author: Francoise Gilbert
Publisher: Aspen Publishers
ISBN: 9780735588479
Category :
Languages : en
Pages : 2094

Book Description
"Global Privacy and Security Law" offers a unique tool for understanding information privacy and security at the global level. It provides both a detailed and practical explanation of the major drivers that dictate or influence data protection laws worldwide, and a thorough analysis of the privacy and data protection laws of fifty six countries in six continents. Updated three times a year, this two-volume subscription resource combines legal analysis with historical, socio-economic, and geopolitical information, so that privacy and data protection requirements are assessed in context. It includes: A thorough and practical explanation of the different aspects of information privacy and security, the major drivers that have shaped the development of modern data protection laws, and the cultural and historical factors that create unique constraints and influence the national data protection laws, worldwide. An in-depth analysis of the base documents that have shaped the data protection regimes currently in place, or being framed and developed in Europe and the Asia Pacific region. Detailed descriptions of the data protection regimes in fifty six countries in Europe, Asia, Africa, and the Americas.