The Legal and Business Risks of Inconsistencies and Gaps in Coverage in Asian Data Protection Laws

Abstract

The issues in this brief paper are seen from the perspective of a company conducting business in on or more Asian economies, or a foreign business intending to export personal data to one or more Asian economies for further processing (including intra-company transfers).

What difficulties do inconsistencies/gaps between Asian data privacy laws present for their understanding/complying with these laws? This paper show some of the main areas where such problems arise, and attempt to give a brief explanation of the nature and extent of ‘gaps’. Twelve gaps in scope and coverage, and ten gaps in relation to processing are identified.

Jurisdictions mentioned are not comprehensive, but indicate the range of options (ie gaps) found in Asian laws. Areas where all jurisdictions’ laws are similar and there are not significant gaps (eg forms of data covered; rights of access and correction) are not mentioned.These examples do not cover inconsistencies/gaps in relation to cross-border cooperation, data localisation, data transfer mechanisms, or enforcement mechanisms.

Keywords: privacy, data protection, Asia, convergence