APT Guidelines on the Protection of Personal Information and Privacy the 1st draft

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APT Guidelines on the Protection of Personal
Information and Privacy - the 1st draft -
Study Question 2.4

• June 2003
• Yi, Chang-Beom
• Director/Dispute Mediation Team, KISA

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PRESENTATION OUTLINE
Study Question 2.4

• Proposal of the study
• Objectives
• Main directions of the study
• Background of the study
• Major international privacy protection
  initiatives
• In need of privacy guidelines for the APT members
• APT guidelines on the protection of personal
  information and privacy
• Future Developments

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PROPOSAL OF THE STUDY
Study Question 2.4

• Cha-am, Thailand, 2002 Study Question
  2.4(Guidelines on Personal Data Protection in the
  Asia Pacific region) was adopted at the 22nd APT
  Study Groups Meeting.

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OBJECTIVES(I)
Study Question 2.4
To promote legislations for privacy and personal
information protection in APT member countries
To secure the confidence of Internet users
and e-commerce consumers
To protect the fundamental human rights of
citizens
To achieve economic prosperity by
facilitating the growth of e-commerce
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OBJECTIVES(II)
Study Question 2.4
To provide a standard for cross-border flows of
personal information in the Asia-Pacific region
To cope with EU 95 directive which prevents EU
member countries from transferring personal
information to countries without adequate level
of protection for personal information
To facilitate the free flows of personal
information in the region
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MAIN DIRECTIONS OF THE STUDY
Study Question 2.4

• While adopting the principles on privacy and
  personal information protection suggested by
  OECD,
• Reflecting political, economic, social, and
  cultural characteristics as well as the levels of
  IT development of APT member countries
• Emphasizing not only protection for rights of
  individuals but the advance of Information
  Society in the region
• Balance between protection and the use of
  personal information

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PROGRESS OF THE STUDY
Study Question 2.4

• October, 2002
• To lay out the outline and time schedule of the
  study

November,2002 February,2003 To analyze
preceding researches of relevance
February,2003 To submit a progress-report of the
study
March, 2003 May,2003 To draft APT guidelines
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BACKGROUND OF THE STUDY
Study Question 2.4

• EU 95 Directive on the protection of individuals
  with regard to the processing of personal data
  and on the free movement of such data
• Restriction on a transfer of personal information
  to countries without an "adequate level of the
  protection
• The U.S(2002) Safe Harbor Privacy Principles
• Necessary responses of APT members to EU 95
  Directive
• Prompt and adequate legislations for privacy and
  personal information protection
• Guidelines or model laws on which APT members can
  base in legislating for privacy and personal
  information protection
• Raising awareness of the importance of privacy
  and personal information in the Asia-Pacific
  region
• Protection of the right to privacy and right of
  self-determination over personal information as
  fundamental human rights

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MAJOR INTERNATIONAL PRIVACY PROTECTION
INITIATIVES (I)
Study Question 2.4

• 1980s OECD guidelines on the protection of
  privacy and transborder flows of personal data
• The touchstone for privacy-related legislations
  in the world Eight principles
• Based on an economic view Personal data as
  economic value
• The Main purpose Elimination of obstacles to
  free transborder flows of personal data
• Drawbacks Out-dated in terms of technology
  development and the concept of privacy

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MAJOR INTERNATIONAL PRIVACY PROTECTION
INITIATIVES (II)
Study Question 2.4

• EU 95 directive on the protection of individuals
  with regard to the processing of personal data
  and on the free movement of such data
• One of the most significant international
  regulation on privacy and personal data
  protection after the 80s
• Right to privacy as a human right
• The Main purpose Coordination of domestic
  legislations for privacy and personal data
  protection of EU members
• Application of EU 95 directive into the legal
  systems of the APT member countries Not
  appropriate because of its purpose and compulsory
  nature and different environments such as
  cultural background

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IN NEED OF PRIVACY GUIDELINES FOR THE APT
MEMBERS(I)
Study Question 2.4

• Different social contexts from those of OECD and
  EU member countries ? Need for privacy guidelines
  devoted to APT member countries
• Major factors of different social contexts
  Diversity and Similarity
• 1) Culture and Society
• Stress on family and community ? Respect for
  authority (government)
• Relatively high illiteracy rate and a low level
  of education
• Relatively low awareness of consumers rights

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IN NEED OF PRIVACY GUIDELINES FOR THE APT
MEMBERS(II)
Study Question 2.4

• 2) Politics
• Various types of political system and government
• Strong government control
• 3) Economy
• Diversity in the level of economical development
• Trade-centered transborder flow of personal
  information
• 4) Legislation for protection of privacy and
  personal information
• - Few General Privacy Acts
• 5) Use of Information Technologies
• Wide digital divide domestically as well as among
  countries

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APT GUIDELINES ON THE PROTECTION OF PERSONAL
INFORMATION AND PRIVACY (I)
Study Question 2.4
1.Scope
2.Structure
Private/Public sector, On/Offline,
Profit/Nonprofit
Guidelines for legislation/ Model Code
Major features of APT guidelines

• Roles of a government, an information subject,
  and a business association, ADR, Location
  Information, Sensitive Information, Childrens
  personal information, and Importance of education
  and public relations

OECDs Eight Principles a
3.Principles
4.Particular emphasis
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APT GUIDELINES ON PROTECTION OF PERSONAL
INFORMATION AND PRIVACY(II)
Study Question 2.4

• Major features of APT guidelines
• To allow partial adoption or revisions of the
  provisions of guidelines and model code
• Model Code
• Concrete shape of guidelines
• Exemplary law
• Outline

1. General principles/ 2. Rights and roles of an
information subject/ 3. Responsibilities and
duties of information controller/ 4. Information
in need of special cares/ 5. Duties of central
and local governments/ 6. Exceptions/ 7. Special
considerations
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APT GUIDELINES ON PROTECTION OF PERSONAL
INFORMATION AND PRIVACY(III)
Study Question 2.4

• General Principles Emphasis on the rights of
  an Information Subject

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FUTURE DEVELOPMENTS
Study Question 2.4

• To hear APT members opinions and to reflect such
  opinions for the betterment of the guidelines
• To draft an article-by-article explanatory
  memorandum
• To submit the final report at the 24th APT Study
  Groups Meeting

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Study Question 2.4

• THANK YOU!