4.2 Privacy and data protection
Privacy is usually defined as the right of citizens to control personal information and to
decide whether, to whom, and under what circumstances it may be known to and/or used by
others. Privacy and data protection are two interrelated public policy issues of relevance for
the Internet. Data protection is a legal mechanism that ensures privacy.
Status of governance mechanisms for privacy and data protection
The International Covenant on Civil and Political Rights (ICCPR) is the main international
instrument in the privacy protection field. The OECD Guidelines on Protection of Privacy
and Transborder Flows of Personal Data (1980) is one of the first policy documents in this
field which inspired other national and regional online privacy regulations. On the regional
level, in Europe the main instruments are the Council of Europe Convention for the
Protection of Individuals with regard to Automatic Processing of Personal Data (1981) and
the EU Directive on Data Protection. In Asia, APEC introduced a regional Privacy
Framework. In 2013, the UN General Assembly (UNGA) resolved that the UN High
Commissioner for Human Rights should deliver a report to the UNGA in 2014 on online
privacy and the impacts of surveillance. The UN Human Rights Council discussed that report
on online privacy during its September 2014 meeting and it is to be considered by the UNGA
in late 2014. The European Court of Justice's judgement on the right to be forgotten
introduced a new juridical mechanism in dealing with privacy and data protection.
Privacy and data protection are very important for the future growth of the Internet of Things,
cloud computing, and e-commerce.
Table 1. Data protection principles in international documents (Tan, 2008).11
Data Protection Principles
Council of
Europe
Convention
OECD
Guidelines
EU Directive
on
Data
Protection
APEC
Privacy
Framework
Fair and lawful means of collecting
data
✓
✓
✓
✓
Specified and legitimate purposes of
collection
✓
✓
✓
✓
Relevance of data to the purpose of
collection
✓
✓
✓
✓
11 Tan J (2008) A comparative study of the APEC privacy framework: A new voice in the data protection
dialogue? Asian Journal of Comparative Law, 3(1).
26