APEC Privacy
Background information
Australia has had a long and close involvement with the Asia-Pacific Economic Cooperation (APEC). The first meeting of APEC was held in Canberra, Australia, in 1989, with 12 member economies.
APEC is a diverse environment which is made up of 21 member economies from around the Asia-Pacific region. Member economies are: Australia; Brunei Darussalam; Canada; Chile; People's Republic of China; Hong Kong, China; Indonesia; Japan; Republic of Korea; Malaysia; Mexico; New Zealand; Papua New Guinea; Peru; Philippines; Russia; Singapore; Chinese Taipei; Thailand; United States and Viet Nam.
APEC is clearly focused on trade, investment and economic issues. It is not a treaty based organisation, but instead operates on the basis of consensus. Each year a different APEC economy hosts APEC. The host in 2008 is Peru.
TopCurrent issues
APEC Data Privacy Sub-Group
In February 2003, the APEC Electronic Commerce Steering Group (ECSG) established the APEC Data Privacy Sub-Group to develop a common APEC approach to privacy. The Sub-Group meets twice a year and reports to the ECSG which ultimately reports to APEC Ministers. Australia was instrumental in the establishment of the Sub-Group and we continue to play an active role.
Over a two year period the Data Privacy Sub-Group developed the APEC Privacy Framework which was endorsed by APEC Ministers in November 2004. The Framework sets out nine privacy principles which provide clear guidance and direction to businesses operating in APEC economies. It promotes a consistent approach to information privacy protection across APEC member economies while avoiding the creation of unnecessary barriers to information flows.
In January 2007, Australia was elected to the Chair of the Sub-Group for a two-year term. The Sub-Group holds two meetings in the APEC host economy each year. In addition, the Chair organises monthly teleconferences for members of the Sub-Group to advance work between meetings.
Data Privacy Pathfinder Initiative
In 2007, APEC approved a Data Privacy Pathfinder Initiative which is to progress the implementation of the APEC Privacy Framework. The Pathfinder is pursuing multiple projects aimed at promoting consumer trust and business confidence in cross-border data flows. It will support business needs, reduce compliance costs, provide consumers with effective remedies, allow regulators to operate efficiently, and minimize regulatory burdens. The Data Privacy Pathfinder contains general commitments leading to the development of a Cross-Border Privacy Rules (CBPR) system.
TopPrevious meetings
Data Privacy Sub-Group meetings
The Data Privacy Sub-Group met twice in 2007 during the APEC Senior Officials Meetings. In broad terms, the meetings were used to advance two key objectives:
- to develop a policy-level framework and practical mechanisms to support the use by business of Cross-Border Privacy Rules that provide for the protection of personal information when transferred between APEC economies; and
- to develop practical cooperative arrangements between privacy regulators, supervisory authorities and investigation and enforcement agencies of APEC economies to share information and resolve privacy issues that cross jurisdictions.
To complement and provide practical impetus to the Sub-Group’s work, Australia hosted data privacy seminars immediately preceding each Sub-Group meeting. The seminars focused on identifying mechanisms for business to develop Cross-Border Privacy Rules that will be recognised throughout the APEC region. They also considered the practical implications of these rules for business, consumers and regulators.
The Data Privacy meeting dates for APEC 2007 were 22-26 January 2007 in Canberra and 25-29 June 2007 in Cairns. Further information on each of the Data Privacy meetings is available at:
- Data Privacy Meeting I (22-26 January 2007, Canberra, Australia)
- Data Privacy Meeting II (25-29 June 2007, Cairns, Australia)
APEC Third Technical Assistance Seminar – Canada
A third APEC Seminar on the International Implementation of the APEC Privacy Framework was held in Vancouver on 22-23 September 2007. The objectives of the Seminar were to provide an update on the Pathfinder and its implications for various stakeholders and to build on the work of the two Australian technical assistance seminars to explore ways in which the Pathfinder may be applied across various legal frameworks. Presentations from this seminar are located on the Office of the Information and Privacy Commissioner for British Colombia.
Seminar – Sydney
The Privacy & FOI Policy Branch hosted a half-day seminar in Sydney on 6 February 2008 to consult with Australian stakeholders prior to the following round of APEC meetings.
A second seminar will be held in Sydney on 31 July 2008, prior to the next meeting of the Data Privacy Sub-Group on 12-16 August 2008.
APEC Peru 2008
This year the Data Privacy Sub-Group will be working on the practical elements of a system for the use by business of Cross-Border Privacy Rules , with the involvement of regulators and what are known as 'accountability agents' (ie privacy trustmark bodies) to protect the interests of consumers. The current goal of the Sub-Group is to have considered all elements of a system by the end of 2008 and to be in a position to begin implementation of some elements of a system in 2009.
The Data Privacy meeting dates for APEC 2008 are 19-24 February 2008 and 12-16 August 2008 in Lima, Peru. Further information about the first meeting is available at:
Want to know more?
General information about APEC and ECSG can be found on the APEC website.