Up until 2010, Asia's privacy landscape was relatively barren, with the majority of Asian countries having no omnibus data protection law. Forward to the present, and privacy legislation has swept through much of the Asian region. New data protection laws have been passed South Korea, Philippines, Singapore and Malaysia. And in mature data protection regimes, such as Hong Kong and Australia, existing laws have been recently strengthened and updated. Even China and India have developed rules and codes applicable to some aspects of privacy.
Data protection is increasingly important in the region for a number of reasons. As part of the economic boom, cross-border data flows have grown considerably, with Asia a major destination for foreign investment and trade. Further, the value of personal data as a commodity is growing with trends such as big data. Governments understand the importance of regulating this important area of the economy to ensure businesses have a level playing field. Security has also been a major driver for the growth of data protection regimes. The recent NSA issues, accusations of phone tapping and headline-grabbing data breaches by large companies have given fresh resolve for countries to get serious about data protection.
Yet for all the activity in Asia, navigating between data protection regimes remains a tricky business. There are numerous large and small countries with varied laws, different rules and obligations, making it a difficult area to navigate. Some countries have adopted sector specific laws where data protection rules apply only to certain categories of data or user, and many countries remain with no laws on data protection at all.
Many regulators are also new to the game and it is not clear what approach they will take. Further, businesses are also unsure as to the level of risk, as there is no enforcement trend to follow.
Individuals in many countries are also unused to the protection of their personal data and it is not clear the part they will play in the management of their personal data. As businesses grapple with this raft of changes, the rising expectations of individuals and the fast-growing economies, it will take time for the dust to settle and for a clearer picture to emerge. Watch this space.