In recent years, there has been an uptick in new (comprehensive) data protection laws in the Asia Pacific (APAC). This trend introduces challenges for cross-border compliance, particularly for the industry, legal practitioners, and the community of data protection regulators. As a result of the difficulties, these stakeholders acknowledge that there is a need for greater consistency in regional data protection frameworks.
Today, the Future of Privacy Forum (FPF) — a global non-profit focused on privacy and data protection — and experts from the Asian Business Law Institute (ABLI) — a Singapore-based think tank non-profit dedicated to providing practical guidance in the field of Asian legal development — released a report providing a detailed comparison of the requirements for processing personal data in 14 jurisdictions in the Asia-Pacific (APAC), including Australia, China, India, Indonesia, Hong Kong SAR, Japan, Macau SAR, Malaysia, New Zealand, the Philippines, Singapore, South Korea, Thailand, and Vietnam. The comparative analysis follows a months-long dissemination of individual reports on each jurisdiction.
In the movement for enhanced consistency between different jurisdictions’ data protection laws, FPF and ABLI found that many APAC jurisdictions have engaged in conversations around the call to move away from consent-centric privacy practices. Consent practices are often restricted to individual jurisdictions and their legal systems. FPF and ABLI’s new report aims to elevate this discussion by promoting alternatives to consent measures, thereby increasing the accountability of organizations that process personal data.
By using various alternative legal bases other than consent and with an eye on