23 June 2020
[Op-ed] Transferring Personal Data in Asia
The Comparative Review of ABLI titled Transferring Personal Data in Asia was published in the June 2020 International Report of Privacy Laws & Business.
Calls to promote the interoperability of data flow frameworks will remain mainly incantatory unless supra-national approaches are complemented with a comprehensive and bottom-up approach to convergence. Therefore, in ABLI's Review and Comparative Table covering 14 APAC jurisdictions, not only variations, but also the potential for convergence are analysed in relation to the rules on personal data transfers of Australia, Mainland China, Hong Kong SAR, India, Indonesia, Japan, Macau SAR, Malaysia, New Zealand, the Philippines, Singapore, South Korea, Thailand and Vietnam.
This work provides public stakeholders currently working on national transfer provisions in Asia with an analytical overview of the transfer principles, legal grounds, mechanisms and schemes in the laws of their regional partners. Policy recommendations are also proposed on areas such as the need for common standards to recognise the validity of transfer mechanisms or schemes, enforcement mechanisms, and the importance to ensure consistency among global, regional and sub-regional frameworks to avoid adding more layers of complexity.
ABLI thanks Privacy Laws & Business for their constant support. The full article is available for free via the link below.