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Asia-Pacific regional privacy options - August 2008
The Asia-Pacific region has reached a significant crossroads regarding the protection of privacy.
The region could choose to follow a path that is based on the traditional approach to privacy found in the EU Data Protection Directive of 1995 and the domestic laws of many countries, with strong comprehensive privacy legislation establishing independent regulators and imposing conditions on the transfer of personal information to parties in third countries.
The alternative path is to follow a new model of privacy protection that involves greater reliance on self-regulation, self-certification, trust-marks and the registration of corporate rules. This approach is strongly advocated by US businesses and some features of this approach appear (in a limited way) in the APEC Privacy Framework of 2005 and related APEC Privacy Pathfinder Projects.
In Asia-Pacific Region at the Privacy Crossroads Galexia Director Chris Connolly examines current privacy developments in the Asia-Pacific region and analyses the benefits and risks of pursuing either the EU or the APEC approach to privacy regulation.
This article includes up to date information on privacy developments in the following Asia-Pacific jurisdictions:
- Title page
- 1. Introduction
- 2. Privacy regulation in the Asia-Pacific region
- 3. The EU approach
- 4. The US/APEC approach
- 5. Other regional opportunities
- 6. Emergence of a global privacy norm?
- 7. Business Compliance
- 8. Advice and Recommendations
- 9. Appendix 1 - National Laws
- 10. Appendix 2 - Asia-Pacific Summary Table