The APEC Privacy Framework

The year 2004 was a milestone in data privacy protection for APEC membereconomies. With concerted efforts of the member-economies, a new data privacy framework emerged after lengthy discussion and careful consideration of various proposals. This framework is the product of an APEC initiative that establishes a commonly accepted privacy protocol within the context of Ecommerce - The APEC Privacy Framework ("the Framework"). At the 12th APEC Economic Leaders' Meeting held in November 2004 in Santiago, Chile, APEC Economic leaders emdorsed the Framework. The Framework has deliberately sought to strike a judicious balance between information privacy protection and business interests while giving recognition to socio-cultural diversities that exist between the member-economies of APEC.

The initiative started in early 2003 when the Electronic Commerce Steering Group (ECSG) set up a Data Privacy Subgroup ("the Subgroup") to develop a commonly accepted standard of information privacy and to harmonize differences between member-economies. Members of the Subgroup were drawn from Australia, Canada, China, Hong Kong - China, Japan, Korea, Malaysia, New Zealand, Chinese Taipei, Thailand and the United States. The PCPD participated in the Subgroup and was credited with being one of the major contributors to the formulation of the final document.

The Framework is divided into four parts.

• Part I contains the preamble;
• Part II maps out the scope of application;
• Part III contains the nine Privacy Principles namely: Preventing Harm, Notice, Collection Limitation, Uses of Personal Information, Choice, Integrity of Personal Information, Security Safeguards, Access and Correction and Accountability. The principles are accompanied by commentary, which offers elaboration on their meaning, and illustrative examples.
• Part IV contains information on implementation of the Framework both domestically and internationally. Section (A) sets out the measures that APEC member-economies should consider in implementing the Framework domestically while Section (B) focuses on APEC-wide arrangements for the implementation of the Framework's cross-border aspects.

The content of the Framework may be viewed at (www.apec.org/content/apec/ documents_reports/annual_ministerial_meetings/2004.html) (document No. 14rev1 of 2004 APEC Annual Ministerial Meeting).

In 2005 the Subgroup will move to a discussion of the international implementation of the Framework. To assist member-economies in giving effect to the Framework, and to facilitate further regional cooperation in the area of information privacy, two seminars, one on domestic implementation and the other on international implementation, will be convened by the ECSG to provide technical assistance to APEC member-economies. It has been decided that the first technical assistance seminar on domestic implementation of the Framework will be held in Hong Kong in June 2005.