Asia-Pacific developments in information privacy law and.ppt

Privacy Issues Forum, 30 March 2006, Museum of New Zealand Asia-Pacific developments in information privacy law and its interpretation Graham GreenleafFaculty of Law, University of New South Wales Slides are at .au/~graham Outline What are the international influences? Privacy Commissioners acting collectively Global: The Montreux Declaration 2005 EU: The Article 29 Committee Asia-Pacific: APPA Forum The UN’s roles in global privacy protection The APEC Privacy Framework Influence of the EU privacy Directive Some ways ahead for privacy principles in the Asia-Pacific Montreaux Declaration 2005 Privacy Commissioners acting globally The world’s Privacy Commissioners set out a log of claims: UN to prepare a binding legal privacy treaty Governments to adopt global privacy principles and extend them to their international relations as well Council of Europe to invite non-European States to join Council of Europe privacy Convention 1981 WSIS 2005 final declaration to commit to a legal framework to protect privacy Montreaux Declaration 2005 … and yet more demands: International and supranational organisations to commit to data protection rules International NGOs to draw up data protection standards Manufacturers to develop privacy-enhancing technologies (PETs) The global Commissioners have never been this organised or assertive Proposed regular assessments of progress Can they sustain this? Montreaux Declaration 2005 Claim of ‘universal … data protection principles’ which should be implemented 9 standard vague headings for principles + 2 implementation principles ‘legal sanctions’ required for enforcement, under an independent supervisory body personal data exports require adequate protections Asia-Pacific Privacy Commissioners have supported these last 2 principles, but they go beyond what APEC governments have accepted European Commissioners - effective collective action 30 years of collaboration Data Protection Working Party since 1997 Est. under A29 of the EU pri