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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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Standards by Which to Assess a Country’s Data Privacy Laws

Standards by Which to Assess a Country’s Data Privacy Laws

(p.51) 3 Standards by Which to Assess a Country’s Data Privacy Laws
Asian Data Privacy Laws

Graham Greenleaf

Oxford University Press

This chapter proposes standards against which national privacy protections can be assessed and compared. Contextual protections are the types of privacy protections, other than specialized data privacy legislation, which require comparison are protections arising from constitutions, treaties, human rights institutions, civil and common law, criminal and administrative laws, and self-regulation. The two main standards for comparison of sets of data privacy principles are the ‘minimum’ or first generation principles (OECD 1980 and Council of Europe 1981), and the ‘European’ or second generation principles (EU 1995 and Council of Europe 2001). Differences between ‘efficiency’ principles and ‘surveillance limitation’ principles are also important. The standards for assessment of effective enforcement mechanisms in a data privacy law are more difficult to determine. After considering the possible sources of such standards, the conclusion reached is that an approach based on ‘responsive regulation’ theories is the most useful.

Keywords:   data protection, privacy, Asia, responsive regulation, standards, principles

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