Intellectual Property / Patent / Copyright

Asian Data Privacy Laws: Trade & Human Rights Perspectives

By Graham Greenleaf
Oxford University Press July 2017

Specifications

ISBN-13
9780198810094
Publisher
Oxford University Press
Publication
July 2017
Format
Paperback , 624 pages
Jurisdiction
ASEAN, Asia, China, Hong Kong, India, Indonesia, Japan, Macau, Malaysia, Philippines, Singapore, South Korea, Taiwan, Thailand, Vietnam ? Countri(es) for reference only

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Details

  • The first work to analyse data privacy laws across Asia
  • Written by the leading authority on Asian data privacy laws
  • Offers an in-depth analysis of data privacy laws in the 14 Asian countries with detailed laws, including India, Japan, and Singapore

The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards.

Readership: Academics, regulators and policy-makers in the areas of data protection and privacy law. A secondary market comprises legal practitioners in these areas

Table of Contents

Part I: ASIA AND INTERNATIONAL DATA PRIVACY STANDARDS
1: Data Privacy Laws in Asia - Context and History
2: International Structures Affecting Data Privacy in Asia
3: Standards by Which to Assess a Country's Data Privacy Laws
Part II: NATIONAL DATA PRIVACY LAWS IN ASIA
4: Hong Kong SAR - New Life for an Established Law
5: South Korea - The Most Innovative Law
6: Taiwan - A Stronger Law, on a Constitutional Base
7: China - From Warring States to Convergence?
8: Japan - The Illusion of Protection
9: Macau SAR - The 'Euro Model'
10: Singapore: Uncertain Scope, Strong Powers
11: Malaysia: ASEAN's First Data Privacy Law in Force
12: The Philippines & Thailand - ASEAN's Incomplete Comprehensive Laws
13: Vietnam & Indonesia - ASEAN's Sectoral Laws
14: Privacy in the Other Five South-East Asian (ASEAN) States
15: India - Confusion Raj, with Outsourcing
16: Privacy in the Other Seven South Asian (SAARC) States
PART III: COMPARISON STANDARDS, AND FUTURE DEVELOPMENTS
17: Comparing Protections and Principles - an Asian Privacy Standard?
18: Assessing Data Privacy Enforcement in Asia - Alternatives and Evidence
19: International Developments - Future Prospects for Asia
20: Asian Data Privacy Laws: Trajectories, Lessons and Optimism

About the Author

Graham Greenleaf is a Professor of Law at the University of New South Wales, Australia, where he specialises in the relationships between information technology and law. He is a co-founder and Co-Director of the free-access Internet law service, the Australasian Legal Information Institute. In 2010 he took the lead in establishing the Asian Privacy Scholars Network. He was General Editor of the monthly Privacy Law and Policy Reporter 1994-2006, and since then has been Asia-Pacific Editor for Privacy Laws & Business International Report. He co-editedGlobal Privacy Protection (Edward Elgar, 2008) with J Rule. In 2010 he was made a member of the Order of Australia (AM) for his contributions to advancing free access to legal information and to the protection of privacy.

Reviews

"Rich in legal and political detail, and comprehensive in scope, Graham Greenleaf's new book is an important reminder of the global reach of contemporary data privacy law. It stands as a model for the comparative analysis of data protection policy, not only in Asia, but elsewhere as well." - Professor Colin J. Bennett, Department of Political Science, University of Victoria, Co-author of The Governance of Privacy

"He provides insightful analysis of the development of each country's data privacy laws, based on his in-depth understanding of the history and political, economic, social and historical background of each country. Further, given that data privacy laws are quite new and recently developed in most of Asian countries and that there are no sufficient database thereon, his achievement is more amazing in this respect. Particularly from the perspective of a privacy law specialist in South Korea, where its data privacy laws and regulations keep radically changing and are complicated, I cannot but highly praise his insightful analysis of the fundamental reasons and momentums of the changes in Korea." - Kwang Bae Park, Attorney, head of data protection at Lee & Ko, Seoul

"Data privacy law has become a topic of global concern, and the Asia-Pacific region is the source of many of the most interesting developments in recent years. Professor Greenleaf's book is a remarkable work of privacy law and comparative law scholarship, and both gives much detailed and useful information on the specifics of national laws in Asian countries, and provides a high-level analysis of the trends that they evidence. It will be a mandatory part of the bookshelf of anyone interested in the global aspects of data protection." - Christopher Kuner, Editor-in-chief, International Data Privacy Law

"Professor Greenleaf has done a great service to privacy scholarship by publishing this thorough analysis of the data privacy approaches and laws throughout the Asian region. Professor Greenleaf has deep roots in the region and is ideally placed to describe and critique these developments. His book does not merely describe these laws but places them in an historical, cultural and legal context that readers from both within and beyond the region will find insightful and useful." - Blair Stewart, Assistant Privacy Commissioner, New Zealand

"Graham Greenleaf has thought more and more deeply about data protection and privacy laws in Asia than most scholars or practitioners. This masterful volume offers detailed studies of the key jurisdictions as well as thoughtful - and thought-provoking - analysis of regional trends and possible futures. The rise of mass surveillance has led to a great deal of pessimism in this field, but Professor Greenleaf offers a cautiously optimistic assessment of the role law can play in counterbalancing government and corporate interests in defence of privacy." - Professor Simon Chesterman, Dean of the National University of Singapore Faculty of Law

"This volume will help everyone who processes personal data anywhere in Asia to understand the obligations that accompany the processing. Everyone outside of Asia who does business with Asian consumers - or who advises those who do - needs this book." - Robert Gellman, former Chief Counsel to the Government Information Subcommittee in the US House of Representatives

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