International/Regional Liaison

Data Privacy Subgroup - APEC Electronic Commerce Steering Group

Another major event that occurred during the reporting year was the formation of a Data Privacy Subgroup under the APEC Electronic Commerce Steering Group ("ECSG"). In February 2003, the Privacy Commissioner attended the 7th Meeting of the ECSG in Chiang Rai, Thailand. Immediately preceding the meeting, the Privacy Commissioner participated at the APEC Data Privacy Workshop hosted by the ECSG. The theme of the Workshop was "Developing Greater E-Commerce Security and Consumer Confidence". The aim of the Workshop was to bring together privacy advocates, business and government representatives to consider the development of a new approach to online data privacy for the APEC region. At the Workshop, delegates and speakers from various APEC economies discussed the current position of data privacy protection within their respective jurisdictions and provided recommendations on the development of a regional standard to enhance uninterrupted trans-border data flows within the APEC region. The discussion resulted in the formulation of certain recommendations that were subsequently adopted by the ECSG when it decided on the new work plan in 2003.

In relation to the subject of data privacy, the ECSG agreed the following:

• To establish a subgroup to manage data privacy work within APEC. Members of the subgroup include Australia (Chair), Canada, China, Hong Kong, China, Japan, Korea, Malaysia, New Zealand, Chinese Taipei, Thailand and the United States.
• To develop a set of APEC Privacy Principles and implementation mechanisms using the OECD Privacy Protection Guidelines as the foundation for those discussions. The subgroup would work closely with the business sector and the Asia Pacific Telecommunity in the development of the guidelines. It was hoped that an interim report would be ready for further discussion at the 8th meeting of the ECSG.
• To encourage public awareness by identifying and sharing best practices for providing data privacy protection. This program would be considered in more detail at the 8th meeting of the ECSG, based on the specific needs of member economies.
• To undertake research that will foster a better understanding of how cross-border data privacy can be implemented concurrently with the development of privacy principles. The ECSG agreed to submit a proposal on intra-jurisdictional recognition for APEC funding. The U.S. agreed to draft the proposal and consult with members of the subgroup.

As one of the APEC jurisdictions that have implemented a comprehensive statutory data privacy regime, Hong Kong will work closely with other members of the Subgroup in assisting the development of a regional standard on data privacy protection.