Privacy Platform The Impact of Rising Economies on Privacy and Data Protection 19 September 2012 With thanks to the House of the Dutch Provinces.

Privacy Platform

The Impact of Rising Economies on Privacy and

Data Protection19 September 2012

With thanks to the House of the Dutch Provinces

Impact of rising economic powers on privacy and data protection

Anna Fielder, 19-09-12

PI’s Global Surveillance Monitor

In-depth reports on the current state of privacy in over 60 countries around the world.

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Brand new reports on China and India being launched shortly

EU trade with BRIC

• China 2nd major EU trading partner, and EU’s biggest source of imports by far. EU is also China’s biggest trading partner. Growth ‘slowing down’ to 7.5%

• India is EU’s no 9 trading partner, and a very fast growing economy (8-10%)

• Russia is no 3 trading partner; main imports are oil and gas; has recently joined WTO

• Brazil is also in the top 10, single biggest exporter of agricultural products to the EU

India privacy - minusesOverall a dysfunctional system, with multiple pieces of legislation dealing with sectoral issues and no over-arching legal guarantee of privacy

Government efforts to fight crime and terrorism by intercepting communications has ‘horribly backfired’ resulting in creation of serious vulnerabilities in India’s communications system.

A major outsourcing destination, estimates of loss to business of $30 billion because the EU does not recognize it as adequate

India - plusesWorld’s biggest democracy

Human Rights Act 1993 – so HR Commission a possible forum for redress

Section of the IT Act (43A), makes a start at introducing a mandatory data protection legal regime

A vigorous and vociferous NGO sector that is putting privacy more and more centre stage

A privacy legislative framework being actively discussed

China privacy - minuses

Limited rights to privacy in the Chinese constitution, and few rights set out in laws

Laws are not applied fairly or systematically, strict control by the party of courts and judges

Control of the internet and international communications – from the Great Firewall to the Golden Shield

Yawning gap between rising privacy awareness among citizens and their sense of helplessness

China – pluses (?)

Trend towards enhancing country’s capacity to protect personal information: ‘China seeking balance in regulating data privacy’

The draft of the Personal Information Protection Law is being processed in the State Council (reportedly)

Read these reports and more www.privacyinternational.org

Privacy Platform

The Impact of Rising Economies on Privacy and

Data Protection19 September 2012

With thanks to the House of the Dutch Provinces