Asian Data Privacy Laws

The book also contains a web link to an update to mid-2017.

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Author: Graham Greenleaf

Publisher: OUP Oxford

ISBN: 9780191669149

Category: Law

Page: 512

View: 102

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.

Asian Data Privacy Laws

Written by the leading expert in this area, the book sets out the international context of the development of national data privacy law before examining and comparing data privacy in 14 Asian countries.

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Author: Graham William Greenleaf

Publisher:

ISBN: 0191767484

Category: Data protection

Page: 579

View: 178

'Asian Data Privacy Laws' analyses data privacy laws across Asia. Written by the leading expert in this area, the book sets out the international context of the development of national data privacy law before examining and comparing data privacy in 14 Asian countries.

Asian Data Privacy Laws

20 Asian Data Privacy Laws—Trajectories, Lessons, and Optimism 1. Introduction—are data privacy laws significant in Asia? 553 1.1. The many forms of pessimism about privacy laws 553 1.2. It is 'early years' for Asian data privacy laws ...

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Author: Graham Greenleaf

Publisher: OUP Oxford

ISBN: 9780191669156

Category: Law

Page: 512

View: 292

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.

Enforcing Privacy

This study is a useful touchstone throughout this chapter for comparisons with the equivalent position across Asia. Kuner noted in 2007 that although there was considerable enforcement of EU data protection law, “the imposition of ...

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Author: David Wright

Publisher: Springer

ISBN: 9783319250472

Category: Law

Page: 506

View: 200

This book is about enforcing privacy and data protection. It demonstrates different approaches – regulatory, legal and technological – to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear – it is a theme that runs throughout this book – “carrots” and “soft law” need to be backed up by “sticks” and “hard law”. The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher – share their views in the one and only book on Enforcing Privacy.

Data Protection Law

A Comparative Analysis of Asia-Pacific and European Approaches Robert Walters, Leon Trakman, Bruno Zeller ... 35–42 Greenleaf, G (2017) Asia Data Privacy Laws – Trade and Human Rights Perspectives, University New South Wales.

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Author: Robert Walters

Publisher: Springer Nature

ISBN: 9789811381102

Category: Law

Page: 446

View: 739

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.

Can Banks Still Keep a Secret

Access, correction and other new customer rights 2.3.1 Data Privacy Laws in Asia and Australia, and Complaints Concerning Banks Twelve Asian jurisdictions have significant data privacy laws affecting their private sectors.38 Six of ...

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Author: Sandra Booysen

Publisher: Cambridge University Press

ISBN: 9781107145146

Category: Business & Economics

Page: 432

View: 970

An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.

Advanced Introduction to Privacy Law

Greenleaf, Graham, Asian Data Privacy Laws: Trade and Human Rights Perspectives (Oxford, UK: OUP 2014). Gutwirth, Serge; Poullet, Yves; De Hert, Paul; de Terwangne, Cécile; and Nouwt, Sjaak (eds), Reinventing Data Protection?

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Author: Megan Richardson

Publisher: Edward Elgar Publishing

ISBN: 9781788970952

Category: Law

Page: 112

View: 920

Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape.

Public Rights

This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.

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Author: Graham Greenleaf

Publisher: Cambridge University Press

ISBN: 9781107134065

Category: Law

Page: 612

View: 118

This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.

EU Data Protection and the GDPR

According to Graham Greenleaf, there are now 120 data privacy laws in the world.2 In his assessment, the trend since the start of the 21st Century has been for enactment of laws in OECD countries in the Asia-Pacific region with activity ...

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Author: Daniel J. Solove

Publisher: Aspen Publishers

ISBN: 9781543832631

Category: Law

Page: 196

View: 961

Developed from the casebook¿Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues¿related to the GDPR and data protection in the European Union. Topics covered include the GDPR, Schrems cases, the right to be forgotten, and international data transfers. This book is designed for use in courses and seminars on: Comparative and international law EU law Privacy law Information law Consumer law Topics covered include: GDPR Schrems I and Schrems II cases The right to be forgotten International data transfers, including an account of the rise and fall of the Privacy Shield European Court of Human Rights cases European Court of Justice cases Comparative analysis of EU and US privacy law

Multi sided Music Platforms and the Law

in Asian Data Privacy Laws: Trade and Human Rights Perspectives (Oxford University Press 2014). Greenleaf G, 'Global data privacy laws 2019: 132 national laws and many bills' [2019] 157 Privacy Laws & Business International Report, ...

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Author: Chijioke Ifeoma Okorie

Publisher: Taylor & Francis

ISBN: 9780429639838

Category: Law

Page: 308

View: 969

Multi-Sided Music Platforms and the Law explores the legal and regulatory frameworks surrounding copyright protection, competition and privacy concerns arising from the way multi-sided platforms use copyright-protected content in digital advertising. This book suggests how stakeholders in Africa, and their advisors, may ingenuously reform and apply various legal and regulatory frameworks to address these issues which arise from the manner in which multi-sided platforms use copyright-protected content in digital advertising. The book critically engages with the regulatory efforts in other jurisdictions, particularly the EU, with a view to bringing an African perspective to the debate and practice. It undertakes a consideration of this issue by asking how multi-sided platforms may be deployed in a manner that continues innovative uses of copyright content while protecting the economic freedom of African copyright owners as small businesses. Providing the first pro-Africa approach to the regulation of multi-sided platforms, particularly with reference to music, this book focuses on key aspects of digital commercial activity and highlights the main challenges and opportunities for its regulation. It will be of interest to lawyers, policymakers and students across Nigeria, South Africa, and internationally among the African Union, European Union and beyond. .

ASEAN Law in the New Regional Economic Order

protection agencies and promoting cooperation between them, ASEAN members should join the International Consumer Protection and Enforcement Network (ICPEN),101 which is a ... Graham Greenleaf, Asian Data Privacy Laws 478 (2014).

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Author: Pasha L. Hsieh

Publisher: Cambridge University Press

ISBN: 9781108424998

Category: Law

Page: 448

View: 411

This book provides a contextual analysis of ASEAN law and its impact on the business and commercial aspect of laws.

Chinese Legal Reform and the Global Legal Order

Nevertheless, we must be mindful of the problems in the current legal framework for personal data protection. First of all, there are different ways of ... 86 Greenleaf, Asian Data Privacy Laws, p. 213. 87 2013 MIIT Rules, article 23.

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Author: Yun Zhao

Publisher: Cambridge University Press

ISBN: 9781316856963

Category: Law

Page:

View: 945

This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.

Managing Information Risks

... Global Privacy Laws 017: 120 National Data Privacy Laws, Including Indonesia and Turkey (Sydney, Australia: University of New South Wales, 2017), https:// papers.ssrn.com/sol3/papers.cfm?abstract_id=2993035; G. Greenleaf, Asian Data ...

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Author: William Saffady

Publisher: Rowman & Littlefield Publishers

ISBN: 9781538135501

Category: Computer security

Page: 288

View: 708

Written by one of the foremost records and information management leaders in the world, this book provides a clear explanation and analysis of the fundamental principles associated with information risk, which is broadly defined as a combination of threats, vulnerabilities, and consequences related to use of an organization's information assets.--Patricia C. Franks, Program Coordinator for the Master of Archives and Records Management, School of Information, San José State University, and author of Records and Information Management

Privacy s Blueprint

Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, ... See Graham Greenleaf, Asian Data Privacy Laws: Trade NOTEs TO PAgEs 52–60 291.

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Author: Woodrow Hartzog

Publisher: Harvard University Press

ISBN: 9780674976009

Category: Computers

Page: 322

View: 856

Woodrow Hartzog develops the underpinning of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. Rather than permit exploitation, it would demand encryption, prohibit malicious interfaces that deceive users and leave them vulnerable, and require safeguards against abuses of biometric surveillance.

Information Privacy Law

disposal statutes, and an increasing number of state statutes are setting substantive requirements for data security. A recent important trend at the state level has been the enactment of biometric privacy laws.

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Author: Daniel J. Solove

Publisher: Aspen Publishers

ISBN: 9781543813722

Category: Law

Page: 1346

View: 854

The Seventh Edition of Information Privacy Law has been revised to include the California Consumer Privacy Act, the GDPR, Carpenter, state biometric data laws, and many other new developments. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law, Information Privacy Law contains the latest cases and materials exploring issues of emerging technology and information privacy, and the extensive background information and authorial guidance provide clear and concise introductions to various areas of law. New to the Seventh Edition: Additional Coverage or updates to: California Consumer Privacy Act Carpenter v. United States General Data Protection Regulation State biometric data laws New FTC enforcement actions, including Facebook Professors and students will benefit from: Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, standing in privacy lawsuits, among other topics. Chapters devoted exclusively to data security, national security, employment privacy, and education privacy. Sections on government surveillance and freedom to explore ideas. Extensive coverage of the NSA and the Snowden revelations and the ensuing regulation. Engaging approach to complicated laws and regulations such as HIPAA, FCRA, ECPA, GDPR, and CCPA.

Unleashing E Commerce for South Asian Integration

Most countries in South Asia have some form of regulation governing e-transactions and e-signatures. ... Although several South Asian countries have some form of data privacy regulations, they are inadequate by international standards.

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Author: Sanjay Kathuria

Publisher: World Bank Publications

ISBN: 9781464815195

Category: Business & Economics

Page: 84

View: 222

This report is part of a broader work program on shaping a more positive narrative on regional integration in South Asia. It is a follow-up to a recent flagship report published by the South Asia Region of the World Bank, A Glass Half Full: The Promise of Regional Trade in South Asia. E-commerce is dramatically changing the way goods and services are transacted nationally, regionally, and globally. It facilitates international trade by reducing the cost of distance and remoteness and can be more inclusive of underrepresented groups such as women, small businesses, and rural entrepreneurs. Intraregional trade in South Asia is still below its potential, and the region lags behind other parts of the world in activating the potential benefits from e-commerce. Adopting a novel yet practical approach, this report explores how e-commerce can be boosted to deepen intraregional trade in South Asia. It examines the main transacting models in the digital space and the channels through which e-commerce helps reduce transactions costs for firms and consumers. It considers the regulations, as well as the regulatory gaps, affecting private sector participation in e-commerce, focusing on data privacy, consumer protection, delivery, cybersecurity, market-access regulations, and digital payments. Finally, the report presents recommendations for regulatory reforms that could enhance e-trade, especially in a regional context and as a possible platform for greater global engagement by South Asian firms. The scale of these recommendations ranges from the modest, such as allowing cross-border payments and streamlining the customs regime, to the more ambitious, such as allowing the operation of regional e-commerce platforms and liberalizing related cross-border logistics services.

Public Rights

Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain.

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Author: Graham Greenleaf

Publisher: Cambridge University Press

ISBN: 9781108577151

Category: Law

Page:

View: 418

Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.

The European Union s Security Relations with Asian Partners

beyond dialogue to more substantive, higher-level cooperation on cybersecurity issues, given the ideological and ... In relation to data protection, a central issue is that of the compatibility of ROK data protection laws with that of ...

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Author: Thomas Christiansen

Publisher: Springer Nature

ISBN: 9783030699666

Category:

Page:

View: 250

The Right to Privacy Revisited

The GDPR is a far-reaching legal instrument that regulates the collection and use of personal data by private actors, ... As noted by authors the landscape of privacy laws in the South Asian Association of Regional Cooperation (SAARC) ...

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Author: Özgür Heval Çınar

Publisher: Routledge

ISBN: 9781000529135

Category: Law

Page: 194

View: 559

This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one’s privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens’ private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Towards a Data Protection Soft Law Framework for the ASEAN Region

These are classified in accordance with their relevance to the three types of government networks: information networks, harmonization networks, and enforcement networks.

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Author: Arianne Vanessa Tanopo Jimenez

Publisher:

ISBN: OCLC:1029513363

Category:

Page: 185

View: 124

The ten Member States of the Association of Southeast Asian Nations (ASEAN) are working towards integrating their economies. The general steps to achieve this goal are laid out in the ASEAN Economic Community Blueprint. The specific measures to be taken towards economic integration are prescribed and outlined in various Plans and Strategic Schedules. One particular measure to be undertaken is the promotion of information security and data protection in the region. In furtherance of this objective, ASEAN plans to work towards having all ten Member States implement up-to-date data protection laws and regulations. It also aspires to have a harmonized, comprehensive data protection legal framework for the region. Considering that ASEAN – an international organization that has a strong soft law tradition – is aiming for the implementation of data protection laws in all ten Member States, and intends to have a harmonized data protection legal framework for the region, the main question of this dissertation is: What are the ideal features and characteristics of a data protection soft law framework for the ASEAN region? To answer this question, the following sub-questions must first be answered: (a) What is a “data protection soft law framework” and why is it being considered as a way to promote data protection in the ASEAN? (b) What are the lessons to be learned from the use of soft law in the ASEAN region? More specifically, what types of measures, features, and characteristics are likely to help achieve policy goals, and what are the challenges to be expected when ASEAN resorts to the use of soft law instruments in order to achieve policy objectives? (c) What are the lessons to be learned from other international data protection soft law frameworks? More particularly, what are the advantages and disadvantages of certain features and characteristics of the OECD Privacy Guidelines and the APEC Privacy Framework? What are the successes of and challenges involved in the implementation of these features and characteristics? The answers to these questions will be distilled into a set of features and characteristics that are ideally suited to fulfill the purpose of an ASEAN data protection soft law framework. Chapter 1 of this dissertation provides a background and introduction and, among other things, presents the rationale and significance of this study. Chapter 2 acquaints the reader with the ASEAN as an organization, illustrates its plans for economic integration and data protection, and briefly describes the current state of data protection in the region. Chapter 2 also presents the data protection risks and challenges that will arise because of economic integration. It concludes with a discussion on soft law, in general, and soft law specifically within the context of ASEAN. The main objective of this chapter, apart from giving the reader some background and context, is to establish the timeliness and aptness of the examination of soft law as a possible tool to promote data protection in Southeast Asia. Chapter 3 reviews significant implemented ASEAN soft law instruments, their implementation, and their results, both positive and negative. The aim of this chapter is to help demonstrate the effectiveness of soft law in attaining various goals set by ASEAN. It will also present the challenges to be expected when ASEAN resorts to the use of soft law instruments in order to achieve policy objectives. In presenting both the successes and challenges, the author intends to show which types of soft law measures previously implemented by ASEAN could likely attain specified policy objectives, and the challenges that the Association will have to contend with, if it decides to use soft law to promote data protection in the region. Chapter 4 examines the current use of soft law in international data protection law and governance. It will look at the OECD Privacy Principles and the APEC Privacy Framework. The chapter draws out some of the features and characteristics of soft law in international data protection law, and presents the benefits and successes, and drawbacks and failures of these features and characteristics. In doing so, the author seeks to identify the distinct and prevailing elements that constitute an international data protection soft law framework. The author also shows which of these have proven beneficial and successful in attaining their purposes. Furthermore, it also aims to identify the likely challenges of using soft law to promote data protection within a region. In addition, this chapter gives a workable definition of “international data protection soft law framework” for purposes of this work, and to enhance further discussions and studies on data protection. Chapter 5 presents, as a result of the analysis of the findings in the previous chapters, the ideal features and characteristics of a data protection soft law framework for the ASEAN. It will begin with the possible foundation of such a framework – an ASEAN Data Protection Agreement. It proceeds to present a potential data protection standard for the ASEAN data protection soft law framework and Agreement, in the form of a set of privacy principles. The chapter will then go on to discuss additional measures, features, and characteristics that could help ensure the effectiveness of the Agreement. These are classified in accordance with their relevance to the three types of government networks: information networks, harmonization networks, and enforcement networks. Chapter 6 provides a summary and conclusion, and discusses the challenges that could be encountered in the implementation of an ASEAN data protection soft law.