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Asian Data Privacy LawsTrade & Human Rights Perspectives$
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Graham Greenleaf

Print publication date: 2014

Print ISBN-13: 9780199679669

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199679669.001.0001

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Comparing Protections and Principles—An Asian Privacy Standard?

Comparing Protections and Principles—An Asian Privacy Standard?

(p.470) (p.471) 17 Comparing Protections and Principles—An Asian Privacy Standard?
Asian Data Privacy Laws

Graham Greenleaf

Oxford University Press

This chapter compares the sources of privacy protection available in each of the 26 jurisdictions discussed in Part II. It then compares the 11 jurisdictions that have private sector data privacy laws. Across Asia, as well as specialist data privacy laws, a wide variety of other legal instruments are used for protection of privacy, and have potential for greater use, but this varies a great deal between countries. Those in active use include constitutional protections against government actions, criminal prosecutions, and civil law actions. Use of international agreements (namely, the ICCPR) has not yet occurred. The chapter then compares data privacy laws in 11 jurisdictions under these main headings: scope; data privacy principles; liabilities (controllers, processors, and others); and international dimensions. Conclusions are drawn concerning the extent to which these Asian laws are restricted to the ‘minimum’ principles of the 1980s, or are closer to ‘European’ principles.

Keywords:   data protection, privacy, Asia, sources, scope, privacy principles, liabilities, data exports

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