Final
HAVE REACHED the following understanding on this ASEAN Framework on
Personal Data Protection (hereinafter referred to as “Framework”):
Objectives
1.
This Framework serves to strengthen the protection of personal data in
ASEAN and to facilitate cooperation among the Participants, with a view to
contribute to the promotion and growth of regional and global trade and the flow of
information.
Effect of the Framework
2.
This Framework serves only as a record of the Participants’ intentions and
does not constitute or create, and is not intended to constitute or create,
obligations under domestic or international law and will not give rise to any legal
process and will not be deemed to constitute or create any legally binding or
enforceable obligations, express or implied.
Scope of the Framework
3.
The Participants will endeavour to cooperate, promote and implement in
their domestic laws and regulations the Principles of Personal Data Protection as
set out in Paragraph 6 of this Framework (herein referred to as “Principles”) while
continuing to ensure and facilitate the free flow of information among the ASEAN
Member States.
4.
This Framework will not apply to:
(a)
Measures adopted by a Participant to exempt any areas, persons or
sectors from the application of the Principles; and
(b)
Matters relating to national sovereignty, national security, public
safety, public policy and all government activities deemed suitable by
a Participant to be exempted.
5.
Recognising the importance of cooperation, two or more Participants may
enter into separate agreements to further strengthen collaboration on personal
data protection in furtherance of the objectives of this Framework where
practicable.
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