Cyberspace Law and Policy Centre, University of New South Wales
Interpreting Privacy Principles research project
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First Asian Privacy Laws Symposium
3 & 4 March 2010

Cyberspace Law & Policy Centre,
Faculty of Law, University of New South Wales

Programme Notes
(See also Asian Privacy Scholars Network)

Symposium Programme

Day 1 – 3 March 2010

9:00 – Opening and introductions

Welcomes by UNSW Pro-Vice-Chancellor (International) Professor Jennie Lang and by the Dean of the Faculty of Law, Professor David Dixon. One to two minute self-introduction by each participant. Discussion of Symposium approach. Participants are requested to keep the issues noted below in mind and address them where possible.

Theme 1: Meaning and interpretation of privacy principles

Questions to be considered include: Are data protection laws in the Asia-Pacific really similar? What worthwhile innovations do they have? What do reported cases tell us? Are our privacy principles coping with technological and social change? Do we need new principles?

09:30 – Data collection limits and notice (including anonymity)

Discussion starters: Lee Bygrave

10:30 ­– 11:00 Morning tea

11:00 – Use and disclosure limitations

Discussion starters: Edward Santow

12:00 – Data security and data breach notification       

Discussion starters: Nigel Waters

1:00 –2:00 Lunch (Law Faculty Common Room)

2:00 – Access and correction principles

Discussion starters:

Theme 2: Effectiveness of privacy laws

Are data protection laws and their enforcement usually a smokescreen for expansions of surveillance? What does the experience of Asia and the Pacific tell us about the indicia of effective (or ineffective) laws, powers and practices?

3:00 – Independence and structure of Data Protection Agencies

Discussion starters: Graham Greenleaf

3:30 – 4:00 Afternoon tea

4:30 – 5:30 Powers and functions of DPAs

Discussion starters: Roger Clarke

7:00 – Conference Dinner

Day 2 – 4 March 2010

Continuation of Theme 2: Effectiveness of privacy laws

9:00 – Measuring effectiveness of privacy laws and DPAs

Discussion starters: Graham Greenleaf; Katrine Evans; Edward Santow

Theme 3: International data protection standards

Which international standards and developments do, or should, influence Asian data protection laws? How would our region’s laws best fit into the global development of privacy protection?

10:00 – Data export restrictions: ‘adequacy’ vs ‘accountability’ models

Discussion starters: Chris Connolly

Which countries in the region take each approach (or neither), and what is the difference?

11:00 – Morning tea

11:30 – Relevance of standards: EU Directive vs APEC Framework

Discussion starters: Nigel Waters

12:30 – Lunch

1:30 – Joining the Council of Europe Convention: A good idea?

Discussion starters: Graham Greenleaf

Concluding discussions

2:30 – Is an Asia-Pacific data protection jurisprudence emerging?

Discussion starters: Paul Roth

Can we reach any conclusions yet about whether any common 'Asia-Pacific privacy jurisprudence' (either in relation to principles or enforcement) is emerging or might emerge? What practical steps could contribute toward such a jurisprudence emerging?

3:30 – Afternoon tea

4:00 – 5:00 Privacy advocacy in Asia

Discussion starters: Colin Bennett

What are the most effective ways that academics and NGOs can contribute to privacy/data protection policy developments in Asia and the Pacific, and in the development of global standards?







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