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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 William Greenleaf
Publisher:
ISBN: 0199679665
Category : Computers
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.

APEC Privacy Framework

APEC Privacy Framework PDF Author:
Publisher:
ISBN:
Category : Computer security
Languages : en
Pages : 48

Book Description


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.

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.

New Dimensions in Privacy Law

New Dimensions in Privacy Law PDF Author: Andrew T. Kenyon
Publisher: Cambridge University Press
ISBN: 1139460498
Category : Law
Languages : en
Pages : 17

Book Description
The challenges faced by privacy laws in changing technological, commercial and social environments are considered in this broad-ranging 2006 examination of privacy law. The book 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 toward harmonised privacy standards. Leading, internationally recognised authors discuss developments across these three areas in the UK, Europe, the US, APEC (Asia-Pacific Economic Cooperation), Australia and New Zealand. Chapters draw on doctrinal and historical analysis of case law, theoretical approaches to both freedom of speech and privacy, and the interaction of law and communications technologies in order to examine present and future challenges to law's engagement with privacy.

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.

Cybersecurity and Data Laws of the Commonwealth

Cybersecurity and Data Laws of the Commonwealth PDF Author: Robert Walters
Publisher: Springer Nature
ISBN: 9819939356
Category : Law
Languages : en
Pages : 435

Book Description
The book has been authored by a highly regarded international legal scholar in commercial and private law. The book highlights how the legal landscape for in data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. The aim of this book is to promote more engagement between commonwealth countries, to ensure they capitalise on the growing digital economy. Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important component of the future digital economy. They will both be integral to transnational trade and investment. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries.

The Digital Economy and International Trade

The Digital Economy and International Trade PDF Author: Robert Walters
Publisher: Kluwer Law International B.V.
ISBN: 9403537450
Category : Law
Languages : en
Pages : 392

Book Description
Data flows are the backbone of today’s diversified value and supply chains. In this timely book, a prominent specialist in transnational commercial and private law explores a developing and evolving area of law related to the role of the digital economy in international trade, making a direct call for the need to internationalise the law regulating transnational data flows. Examining the commonalities and divergences in data flow regulation among ten key jurisdictions – Australia, Indonesia, India, Canada, Japan, Singapore, New Zealand, the United Kingdom, the United States, and the European Union – the book covers such issues and topics as the following: reconciling data free flow with trust; managing the increase in data vulnerability; efforts to prohibit trade in personal data within an interconnected digital economy; obstacles to data flows and digital economic development; cybersecurity; FinTech and TechFins; cross-border insolvency; dispute resolution; and data-digital diplomacy. The author compares several bilateral and multilateral free trade agreements, addressing the data-related shortcomings of these instruments and providing a pathway forward. In addition, two case studies are presented of high-profile judicial and regulatory decisions demonstrating the challenges of data flows and their governance. The author cogently demonstrates how an international legal mechanism such as a convention, treaty, or model law could provide greater certainty for data, as well as help to foster economic growth and create jobs and business opportunities. Practitioners and policymakers concerned with data security and privacy will greatly appreciate this book’s important and valuable contribution to a crucial area of law that bodes well to enhance the economic and social well-being of all.