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Insights

Insights and opinions on data protection, privacy and cybersecurity contributed by thought leaders from around the world.

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Data Privacy Insights

Data Protection and Data Privacy Laws in India

July 23, 2016

The article provides a brief overview of the legal framework relating to data protection and privacy and discusses the provisions of relevant data protection and data privacy laws in India. It also discusses proposed legislative changes in India to strengthen and improve the existing data protection regime.

Image of police officers in riot gear representing government control in the context of the recent U.S. vs Apple case

Data Privacy Insights

The Recent US v. Apple Case in Context (Part III)

July 23, 2016

In this, the third of a series of articles, Pauline C. Reich examines how Asian countries are approaching the thorny issue of cybercrime and the interception of data. The author takes a look at two Southeast Asian countries in particular, Cambodia and the Philippines.

Image of crowd crossing a busy road junction representing the questionable actions by good organizations for the greater good

Data Privacy Insights

The ‘Greater Good’ – When Good Organisations Do Questionable Things

June 21, 2016

Are individuals more likely to allow use of their data when it’s ‘for the greater good’ – even if permission is not sought? It may be that they don’t have a choice. Even as data protection measures increase and regulatory bodies increase their ability to punish bad behaviour by data custodians, there are still some thorny issues when it comes to the moral and legal obligations governing the sharing of Big Data and personal information.

Image of globe with network connections around the world representing the Asian perspective on the European Union GDPR

Data Protection Insights

Overhaul of European Union GDPR – An Asian Perspective (Part II)

June 21, 2016

In our first article on the European Union General Data Protection Regulation (Regulation (EU) 2016/679 or ‘GDPR’) we focused on the global territorial scope of the new rules and how they could affect businesses based in Asia. In particular, we highlighted how the enhanced rights of data subjects in the EU and the expanded obligations on data controllers and data processors — even if they are located outside the EU — provide much for businesses to consider as they become compliant with the new rules. In this second article, we will focus on the new regulatory-enforcement regime and international data transfers, and then draw comparisons with the Asia-Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules (CBPR) system.

Data Privacy Insights

Who Owns My Data?

June 21, 2016

Living in the age of Big Data, consumers are slowly awakening half in doubt regarding the ownership of the data which they generated. As more enterprises start utilising user-generated data for so-called target marketing, more consumers begin questioning about unfairness in sharing the profit earned by commercialising that data. This question motivates us to think about the essence of privacy. Is privacy just about the right to be let alone? Or might it include the right to sell the users' own data?

Image of smashed iPhone representing the recent U.S. vs Apple case

Data Privacy Insights

The Recent US v. Apple Case in Context (Part II)

June 21, 2016

In this, the second of a series of articles, Professor Reich examines the implications of the battle between Apple and the U.S. government for other jurisdictions worldwide.

Image of big man using magnifying glass to scrutinize employee representing whether employers can find the employee privacy sweet spot

Data Privacy Insights

Can Employers Find the Employee Privacy Sweet Spot? (Part II)

May 21, 2016

In the first part we examined whether a balance can be struck between business imperatives and employee privacy. In this second and final part of the article we delve into just how privacy issues have been treated under the law and delve further into the rights and responsibilities of both employer and employee.

Image of woman wearing boxing gloves representing the fight in the recent U.S. vs Apple case

Data Privacy Insights

The Recent US v. Apple Case in Context (Part I)

May 21, 2016

In the first part of a three part series of articles, Pauline C. Reich, Professor and Director of the Asia-Pacific Cyberlaw, Cybercrime and Internet Security Research Institute at Waseda University School of Law in Tokyo, Japan gives some context to the recent US v. Apple case.

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Data Privacy Insights

Structured Privacy Management Accountability: Getting Started

May 21, 2016

In part I of an ongoing series of articles Teresa Troester-Falk examined how the evolution of the concept of Accountability as a privacy and data protection principle. In this article, part II she looks at accountability in practice, and how to achieve accountability through structured privacy management.

Image of hammer and gavel against backrop of soccer ball and red and yellow cards representing data protection

Data Protection Insights

Data Protection – A Tale of Two Cities

May 21, 2016

As personal data protection continue to challenge companies it is becoming apparent that the commissions and other structures that police these issues have become impatient with organisations that are not complying with recommendations. For the first time those companies which have suffered a data breach and been found not in compliance are feeling the wrath of governing bodies.

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Insights

Data Protection and Data Privacy Laws in India

The Recent US v. Apple Case in Context (Part III)

The ‘Greater Good’ – When Good Organisations Do Questionable Things

Who Owns My Data?

The Recent US v. Apple Case in Context (Part II)

Can Employers Find the Employee Privacy Sweet Spot? (Part II)

The Recent US v. Apple Case in Context (Part I)

Structured Privacy Management Accountability: Getting Started

Data Protection – A Tale of Two Cities

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Commercial Location Data Used to Track Deployed U.S. Military Across Theaters of Operation

Carnival Cruise Data Breach Exposes Nearly 6 Million People in Cyber Attack Linked to ShinyHunters