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IAPP TRUSTe Symposium: Privacy FuturesIAPP TRUSTe Symposium: Privacy Futures(Session 3.06 “International Privacy: A model for Privacy in the

Future – APEC and Beyond”)

ASIAN PRIVACY AT THE CROSSROADSASIAN PRIVACY AT THE CROSSROADS

by

Raymond TangPrivacy Commissioner for Personal Data, Hong Kong SAR

10 June 2004The Palace Hotel, San Francisco, USA

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The Euro-Model Approach to PrivacyThe Euro-Model Approach to Privacy

• Human rights movement

• International Covenants

• Increased use of computer applications

• Role of advocates, academics and politicians

• The OECD Guidelines on the Protection of Privacy and Transborder Flow of Personal Data

• The European Union agenda

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The Asian Approach to PrivacyThe Asian Approach to Privacy • Two “waves” to the development of data protection

New Zealand, Australia, Canada, Hong Kong ~~ down the well-trodden path ~~ statutory/regulatory regimes with clear data protection principles

The New Age - E Commerce and economic motivation - technology driven

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The APEC Privacy Initiative (1)The APEC Privacy Initiative (1)The APEC Privacy Initiative (1)The APEC Privacy Initiative (1)• Need for a common platform

• APEC Blueprint for Action on Electronic Commerce Recognizing “the enormous potential of electronic

commerce to expand business opportunities, reduce costs, increase efficiency, improve quality of life and facilitate the greater participation of small business in global commerce”.

Agreed that “Government and business should co-operate to develop and implement technologies and policies, which build trust and confidence in safe, secure and reliable communication, information and delivery systems, and which address issues including privacy, authentication and consumer protection.”

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The APEC Privacy Initiative (2)The APEC Privacy Initiative (2)The APEC Privacy Initiative (2)The APEC Privacy Initiative (2)

Further agreed that the role of governments include “providing a favourable environment, including legal and regulatory aspects, which is predictable, transparent and consistent” and developing “domestic frameworks which are compatible with evolving international norms and practices”

Electronic Commerce Steering Group

APEC Privacy Subgroup

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The APEC Privacy Initiative (3)The APEC Privacy Initiative (3)The APEC Privacy Initiative (3)The APEC Privacy Initiative (3)

• The APEC Privacy Principles

• Legal, social, economic and cultural diversities in APEC economies

• Recognition of national integrity and self-determination

• Less of a benchmark and more of a reference point

• Acid test is in the Implementation –“watch this space”

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At the Crossroads ~~ Immediate Issues (1)At the Crossroads ~~ Immediate Issues (1) At the Crossroads ~~ Immediate Issues (1)At the Crossroads ~~ Immediate Issues (1)

• Very diverse stages of privacy development within the region

• Buy-in not assured, although much interest shown

• OECD ~ improvement or water-downed

• Pragmatic approach - business oriented

• Proof of the pie is in the eating

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At the Crossroads ~~ Immediate Issues (2)At the Crossroads ~~ Immediate Issues (2) At the Crossroads ~~ Immediate Issues (2)At the Crossroads ~~ Immediate Issues (2)

• More questions than answers

Reconciling free-flow of information with privacy protection

“Yet another set of principles?”

Domestic interpretation and implementation variations

How do you ‘police’ diversities in 21 economies?

• Only time will tell

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Road to Compatibility and ConvergenceRoad to Compatibility and ConvergenceRoad to Compatibility and ConvergenceRoad to Compatibility and Convergence

• Need to establish compatibility between ‘trading blocs’ - EU and APEC

• Commonality in economic incentive

• APEC trade forum, a natural choice / platform

• Convergence of ‘privacy blocs’ holds the key to sustainable developmentin data protection

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And work continues ………And work continues ………