Independence of data privacy authorities (Part I): International standards |
| |
Authors: | Graham GreenleafAuthor Vitae |
| |
Institution: | Professor of Law & Information Systems, University of New South Wales, Australia |
| |
Abstract: | Part I of this article analyses the views of learned commentators on what constitutes the ‘independence’ of data protection authorities (DPAs). It concludes that a more satisfactory answer needs to be found in the international instruments on data privacy and on human rights bodies, their implementation and judicial interpretation, and in the standards that have been proposed and implemented by DPAs themselves. It finds that only the OECD and APEC privacy agreements did not require a DPA (and therefore have no standards for its independence). Thirteen factors were identified as elements of ‘independence’ across these instruments and standards, five of which were more commonly found than others. Part II of the article will consider how these criteria have been implemented in laws in the Asia-Pacific. |
| |
Keywords: | Data privacy Data privacy Asia and Pacific Data protection authorities Data protection directive 95/46/EC Article 29 Working Party Regional privacy policy |
本文献已被 ScienceDirect 等数据库收录! |