1 IAPP TRUSTe Symposium: Privacy Futures ASIAN PRIVACY AT THE CROSSROADS IAPP TRUSTe Symposium: Privacy Futures (Session 3.06 “International Privacy: A model for Privacy in the Future – APEC and Beyond”) ASIAN PRIVACY AT THE CROSSROADS by Raymond Tang Privacy Commissioner for Personal Data, Hong Kong SAR 10 June 2004 The Palace Hotel, San Francisco, USA

2 The Euro-Model Approach to Privacy Human rights movement International Covenants Increased use of computer applications Role of advocates, academics and politicians The OECD Guidelines on the Protection of Privacy and Transborder Flow of Personal Data The European Union agenda

3 The Asian Approach to Privacy Two “waves” to the development of data protection  New Zealand, Australia, Canada, Hong Kong ~~ down the well-trodden path ~~ statutory/regulatory regimes with clear data protection principles  The New Age - E Commerce and economic motivation - technology driven

4 The APEC Privacy Initiative (1) Need for a common platform APEC Blueprint for Action on Electronic Commerce  Recognizing “the enormous potential of electronic commerce to expand business opportunities, reduce costs, increase efficiency, improve quality of life and facilitate the greater participation of small business in global commerce”.  Agreed that “Government and business should co- operate to develop and implement technologies and policies, which build trust and confidence in safe, secure and reliable communication, information and delivery systems, and which address issues including privacy, authentication and consumer protection. ”

5 The APEC Privacy Initiative (2)  Further agreed that the role of governments include “providing a favourable environment, including legal and regulatory aspects, which is predictable, transparent and consistent” and developing “domestic frameworks which are compatible with evolving international norms and practices”  Electronic Commerce Steering Group  APEC Privacy Subgroup

6 The APEC Privacy Initiative (3) The APEC Privacy Principles Legal, social, economic and cultural diversities in APEC economies Recognition of national integrity and self-determination Less of a benchmark and more of a reference point Acid test is in the Implementation – “watch this space”

7 At the Crossroads ~~ Immediate Issues (1) Very diverse stages of privacy development within the region Buy-in not assured, although much interest shown OECD ~ improvement or water-downed Pragmatic approach - business oriented Proof of the pie is in the eating

8 At the Crossroads ~~ Immediate Issues (2) More questions than answers  Reconciling free-flow of information with privacy protection  “Yet another set of principles?”  Domestic interpretation and implementation variations  How do you ‘police’ diversities in 21 economies? Only time will tell

9 Road to Compatibility and Convergence Need to establish compatibility between ‘trading blocs’ - EU and APEC Commonality in economic incentive APEC trade forum, a natural choice / platform Convergence of ‘privacy blocs’ holds the key to sustainable development in data protection

10 And work continues ………