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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.
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