08 August 2022
[Publication] Release of Jurisdiction Reports on the status of consent for processing personal data (Indonesia, Malaysia and Vietnam)
Jurisdictional reports continue to be released under the joint project between ABLI and the Future of Privacy Forum (FPF) on From Consent-Centric Data Protection Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific. In the past month, we have pushed out three new reports for Indonesia, Malaysia and Vietnam respectively.
Those reports provide a detailed overview of relevant laws and regulations in the respective jurisdiction on:
- notice and consent requirements for processing personal data;
- the status of alternative legal bases for processing personal data which permit processing of personal data without consent if the data controller undertakes a risk impact assessment (e.g., legitimate interests); and
- statutory bases for processing personal data without consent and exceptions or derogations from consent requirements in laws and regulations.
In particular, the reports for Indonesia and Vietnam also examine the rules proposed under the current drafts of their respective upcoming data protection law. Although those drafts may still change and the timeline for formal adoption of the new laws remains uncertain, considering potential new positions offers a glimpse to the possible directions of where the requirements on consent and alternatives to consent may develop in Indonesia and Vietnam in the not-too-distant future.
The reports are available for free download: Indonesia, Malaysia and Vietnam.
Over the coming weeks, ABLI and FPF will continue publishing similar reports for the remaining five jurisdictions, which are India, Japan, Macau SAR, Singapore and Thailand.
The joint project will culminate in the release of a comparative review paper built upon 14 jurisdiction reports, which will provide detailed recommendations to promote legal convergence around requirements for processing personal data in Asia Pacific.
ABLI and FPF hope that these publications will prove useful to lawmakers, governments, and regulators in Asia (and beyond) who are currently drafting, reviewing, or implementing data protection laws in their respective jurisdictions.
For more detailed descriptions of the joint project, please read the blog post here.