Joint Project to Explore Limits of Consent in Asia-Pacific Data Privacy Regimes

The Future of Privacy Forum (FPF), a non-profit organization that serves as a catalyst for privacy leadership and scholarship, has partnered with the Asian Business Law Institute (ABLI), a subsidiary of the Singapore Academy of Law (SAL). With this partnership, FPF Asia Pacific and Singapore’s top legal think tank join forces to offer a unique cooperation platform to support the convergence of data protection regulations and best privacy practices in the region.

It is envisioned that this collaboration will result in research, publications, and events. The agreement will build on the substantial work already done by the two think tanks in this area. FPF recently launched an Asia-Pacific office, which aims to advise stakeholders on emerging privacy laws and frameworks in the region.

The first joint activity of this partnership is an online seminar co-hosted by the Personal Data Protection Commission (PDPC) of Singapore. The event titled “Exploring Trends: From ‘Consent-Centric’ Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific” takes place on September 16 from 2-4PM SGT during Singapore’s Personal Data Protection Week. The virtual panel will highlight the limits of the consent-based approach to data protection as it has developed in the region and globally, and the usefulness of developing alternatives, like GDPR-inspired “legitimate interests.” Opening remarks will be made by Yeong Zee Kin, PDPC Deputy Commissioner, with closing remarks by Raymund Liboro, National Commissioner of the Philippines and co-chair of the ASEAN Data Privacy Forum. The panels consist of top data protection and privacy experts in Asian Pacific countries, along with FPF Senior Fellow for India Malavika Raghavan, and FPF Managing Director for Europe Rob Van Eijk.

“In Asia-Pacific as elsewhere, obtaining the user’s consent has long been considered the basis of any regulatory and compliance approach to data protection,” said new Manager of Asia-Pacific, Dr. Clarisse Girot. “Today, this approach has been called into question, and an increasing number of regulators and privacy professionals are promoting accountability over a consent-centric approach to data protection. However, the fragmentation of data protection laws in Asia Pacific is an obstacle to the development of common regional solutions.”

This theme will be one of FPF Asia Pacific’s priorities for the remainder of 2021, in close coordination with the regulators in the region. FPF and ABLI will also release a publication in the coming months that will provide a comparative analysis on the requirements for consent in Asia-Pacific data privacy laws, including recommendations for consistent implementation across the region.

The publication will include insights from highly respected data protection experts across 14 jurisdictions in the Asia-Pacific region. The aim is to propose solutions which are neutral and adapted to the context of each of the jurisdictions covered by this project.

“There are synergies between FPF and ABLI’s work on data privacy,” said Rama Tiwari, Chief Executive at SAL. “This focus on data privacy is especially critical as responses to the COVID-19 situation rely massively on data use and data flows.”

For more information on the Asian Business Law Institute and the Singapore Academy of Law, please visit: https://sal.org.sg/

For more information on FPF Asia Pacific, please visit: https://bit.ly/3kP5jSu

For more information on the event, please visit: https://bit.ly/3BtkFCy