Privacy Platform The Impact of Rising Economies on Privacy and Data Protection 19 September 2012 With thanks to the House of the Dutch Provinces

Impact of rising economic powers on privacy and data protection Anna Fielder,

PI’s Global Surveillance Monitor In-depth reports on the current state of privacy in over 60 countries around the world. Global comparative map has been downloaded over a million times Brand new reports on China and India being launched shortly

EU trade with BRIC China 2 nd major EU trading partner, and EU’s biggest source of imports by far. EU is also China’s biggest trading partner. Growth ‘slowing down’ to 7.5% India is EU’s no 9 trading partner, and a very fast growing economy (8-10%) Russia is no 3 trading partner; main imports are oil and gas; has recently joined WTO Brazil is also in the top 10, single biggest exporter of agricultural products to the EU

India privacy - minuses Overall a dysfunctional system, with multiple pieces of legislation dealing with sectoral issues and no over-arching legal guarantee of privacy Government efforts to fight crime and terrorism by intercepting communications has ‘horribly backfired’ resulting in creation of serious vulnerabilities in India’s communications system. A major outsourcing destination, estimates of loss to business of $30 billion because the EU does not recognize it as adequate

India - pluses World’s biggest democracy Human Rights Act 1993 – so HR Commission a possible forum for redress Section of the IT Act (43A), makes a start at introducing a mandatory data protection legal regime A vigorous and vociferous NGO sector that is putting privacy more and more centre stage A privacy legislative framework being actively discussed

China privacy - minuses Limited rights to privacy in the Chinese constitution, and few rights set out in laws Laws are not applied fairly or systematically, strict control by the party of courts and judges Control of the internet and international communications – from the Great Firewall to the Golden Shield Yawning gap between rising privacy awareness among citizens and their sense of helplessness

China – pluses (?) Trend towards enhancing country’s capacity to protect personal information: ‘China seeking balance in regulating data privacy’ The draft of the Personal Information Protection Law is being processed in the State Council (reportedly)

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Privacy Platform The Impact of Rising Economies on Privacy and Data Protection 19 September 2012 With thanks to the House of the Dutch Provinces