University of New South Wales Faculty of Law Research Series

University of New South Wales Faculty of Law Research Series 2011

 

Asia-Pacific Data Privacy: 2011, Year of Revolution?

Graham Greenleaf, University of New South Wales; Kyung-Hee University

Article comments

This paper will be published in in Kyung Hee Law Journal (forthcoming). This paper may also be referenced as [2011] UNSWLRS 29.

Abstract

Nearly a quarter of a century after data privacy laws (or as the Europeans say, ‘data protection’) first appeared in Asia and the Pacific, the year 2011 is developing as a watershed year. The past year to July 2011 has seen more dramatic developments in the expansion of data protection laws in Asia than any previous year. 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.

This article surveys data privacy legislation developments across Asia (from Japan to Pakistan, and from Mongolia to Indonesia), plus Australasia and the Pacific. It does so 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 also considers (i) Which factors give the best indication of the strength of privacy protection provided by laws in the Asia-Pacific?; (ii) What are the main external influences on the development of data protection in the Asia-Pacific?; and (iii) What justification is there for calling this a ‘year of revolution’?

Subject Area

Computer Law, Intellectual Property Law, Law and Technology

Recommended Citation

Graham Greenleaf, "Asia-Pacific Data Privacy: 2011, Year of Revolution?" (August 2011). University of New South Wales Faculty of Law Research Series. University of New South Wales Faculty of Law Research Series 2011. Working Paper 30.
http://law.bepress.com/unswwps/flrps11/art30

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