Review of ‘Asian Data Privacy Laws – Trade and Human Rights Perspectives’ by Graham Greenleaf

Vaile, David

doi:10.18080/ajtde.v3n1.6

AJTDE

2015

DOI: 10.18080/ajtde.v3n1.6

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Review of ‘Asian Data Privacy Laws – Trade and Human Rights Perspectives’ by Graham Greenleaf

David Vaile

Abstract: Review of 'Asian Data Privacy Laws – Trade and Human Rights Perspectives' by Graham Greenleaf, Oxford, October 2014, nearly 600 pages

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“…The EU sets that the State, while storing and managing data of EU citizens, must comply with the provision of GDPR. The SAARC countries while commencing business with EU countries must follow the regulation [16]. Japan has already expressed its will to enact laws similar to the GDPR.…”

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Comparative Analysis of Data Protection Laws Among the SAARC Countries: An Appraisal

Adib,

Hasan

2023

BAUET J

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The research article aims to provide a basic guideline, to the lawmaker and the future researcher, to show the way how to develop privacy and data protection regime. The authors, to be specific, focused on highlighting the inadequacy of data protection laws, and scrutinized the enforced privacy and data protection laws compared to GDPR. Therefore, the upcoming lawmakers and researchers will be able to assess the importance and effectiveness of data protection laws in near future.International Laws on Data Protection: As mentioned earlier, data protection is a new form of right to privacy. Before the emergence of computers, mobile phones, and other apparatus having the same effect, there was no terminology for "data protection". For a better understanding, we can consider "right to privacy" as a genus and "data protection" as a species. Universal Declaration on Human Rights (UDHR), 1948 emphasizes the protection of privacy of a person, his family, home and correspondence [6]. The person shall be entitled to the protection of law enacted by the state. United Nations International Covenant on Civil and Political Rights (ICCPR), 1966 confirms the same [7]. UN Convention on the Rights of the Child (CRC), 1989 seeks the protection of the data of the child [8]. It prohibits unlawful interference with the right to privacy. The United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990 protects the information of the migrant worker from arbitrary and unlawful interference [9]. There are some regional conventions which ensure data protection as well. Cairo Declaration on Human Rights in Islam, 1990 denotes that every person has the right to privacy. It is prohibited to spy on anybody and to scandalize one"s reputation [10]. The Asia Pacific Economic Cooperation Privacy Framework has established common sets of privacy protection and data peruse [11].Overviewing the General Data Protection Regulation (GDPR), 2016: Data protection regulation titled "General Data Protection Regulation (GDPR)" was enacted by the European Union (hereinafter "EU") in 2016 to protect and promote a regional strategy for data protection as a fundamental right. Personal data protection is one of the important rights of the citizen and it makes one feel safe from unlawful breach of his/her personal data [12]. The existence of the Regulation, 2016 will work as public international law and inspire the state to enact laws for the protection of privacy and data and to introduce legal frameworks providing remedy to the victim of privacy or data breach [13].Nowadays, the use of information and communication technology has been increasing speedily. Therefore, people are sharing their personal data on vivid websites and they are concerned about their privacy and data breach. This crisis led to the introduction of a legal framework around the world. GDPR is the first step that has been taken by the EU for their party States [14]. GDPR upholds six prime principles as Fairness, Lawfulness ...

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Comparative Analysis of Data Protection Laws Among the SAARC Countries: An Appraisal

Adib,

Hasan

2023

BAUET J

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“…In sum, Greenleaf's Asian Data Privacy Laws, as another reviewer has pointed out, has remarkably contributed to the filling of the gap of comparative studies on national data privacy laws outside the EU. 6 Indeed, much can be learned from Asia's experience in this field, such as the development of a number of innovative data privacy principles. Yet, the problem is, on the one hand, that there is a dearth of reliable empirical materials in the English-speaking world, and, on the other hand, that there is arguably a fetishism of the European model in both parts of the world.…”

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Book Review: Asian Data Privacy Laws: Trade and Human Rights Perspectives

Chen¹

2016

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When I came across Graham Greenleaf's Asian Data Privacy Laws, my initial thought was that this would be a useful handbook (or textbook) providing an outline of laws and perhaps some 'best practices' for addressing data privacy issues in Asia. I imagined this book being written for those who want to have an overall understanding of data privacy laws in this regioneither for personal or professional interests. No sooner had I skimmed through a few pages than I realised that I my initial impression was wrong. Indeed, the breadth and depth of this book has well exceeded my expectations. It is not merely an introduction to data privacy laws in a number of Asian countries; rather, it is a critical, reflective study of data privacy regulation and research, with a global, forward-looking perspective, covering 26 jurisdictions in Asia.

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Review of ‘Asian Data Privacy Laws – Trade and Human Rights Perspectives’ by Graham Greenleaf

Abstract: Review of 'Asian Data Privacy Laws – Trade and Human Rights Perspectives' by Graham Greenleaf, Oxford, October 2014, nearly 600 pages

Cited by 2 publications

References 0 publications

Comparative Analysis of Data Protection Laws Among the SAARC Countries: An Appraisal

Comparative Analysis of Data Protection Laws Among the SAARC Countries: An Appraisal

Book Review: Asian Data Privacy Laws: Trade and Human Rights Perspectives

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