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Data Privacy Matrix

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Asia Pacific
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North America
Asia Pacific
Australia
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New Zealand
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China
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Singapore
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Poland
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Estonia
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North America
United States of America
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Asia Pacific
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Australia

LEG-01:Legislation enacted specifically for data privacy?
– Privacy Act 1988
– Australian Information Commissioner Act 2010

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Spam Act 2003
– National Health Act 1953
– Data-matching Program (Assistance and Tax) Act 1990
– Do Not Call Register Act 2006
– Telecommunications (Interception and Access) Act 1979 (TIA)

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data
– APEC Cross-border Privacy Enforcement Arrangement (CPEA)
– APEC Privacy Framework
– United Kingdom – United States of America Agreement (UKUSA)

LEG-04:Local government has any Bills going through the legislative process.
– Privacy Amendment (Notification of Serious Data Breaches) Bill 2015
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New Zealand

LEG-01:Legislation enacted specifically for data privacy?
– Privacy Act 1993

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Unsolicited Electronic Messages Act 2007
– Search and Surveillance Act 2012
– Telecommunications (Interception Capability and Security) Act 2013 (TICSA)
– Government Communications Security Bureau Act 2003 (GCSB)
– New Zealand Security Intelligence Service Act 1969 (SIS)
– Telecommunications Act 2001

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data
– APEC Cross-border Privacy Enforcement Arrangement (CPEA)
– APEC Privacy Framework
– United Kingdom – United States of America Agreement (UKUSA)

LEG-04:Local government has any Bills going through the legislative process.
– Privacy Act 1993 Reform
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China

LEG-01:Legislation enacted specifically for data privacy?
– Telecommunications and Internet Personal User Data
– Protection Regulations 2013 (TIPP)
– General Data Protection Law 2013

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Constitution of the People’s Republic of China
– Law of the People’s Republic of China on Protection of Consumer Rights and Interests 1994
– The Decision of the Standing Committee of the National People’s Congress on Strengthening the Network Information Protection 2012 (SNIP)
– Regulations On Internet Email Services 2006

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
– APEC Cross-border Privacy Enforcement Arrangement (CPEA)
– APEC Privacy Framework.

LEG-04:Local government has any Bills going through the legislative process.
– Personal Data Protection Law
– Cybersecurity Law of the People’s Republic of China
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Singapore

LEG-01:Legislation enacted specifically for data privacy?
– Personal Data Protection Act 2012

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Spam Control Act 2008
– Telecommunications Act 1999
– Computer Misuse and Cybersecurity Act 1997

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
– APEC Cross-border Privacy Enforcement Arrangement (CPEA)
– APEC Privacy Framework

LEG-04:Local government has any Bills going through the legislative process.
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Malaysia Image

Malaysia

LEG-01:Legislation enacted specifically for data privacy?
– Personal Data Protection Act 2010.

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Communications and Multimedia Act 1998
– Telemedicine Act 1997
– Computer Crimes Act 1997

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
LEG-04:Local government has any Bills going through the legislative process.
EMEA Region
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United Kingdom

LEG-01:Legislation enacted specifically for data privacy?
– Data Protection Act 1998.

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Regulation of Investigatory Powers Act 2000 (RIPA).
– The Freedom of Information Act 2000.
– Communications Act 2003.
– The Privacy and Electronic Communications Regulations 2003 (PEC).

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy. Note: These guidelines are guidelines ONLY, each country which agrees and signs then needs to incorporate into legislation in some form.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data.
– United Kingdom – United States of America Agreement (UKUSA).
– EU Data Protection Directive 1995/46/EC (DPD).
– EU Privacy and Electronic Communications Directive 2002/58/EC (EUPEC).
– EU Regulation 45/2001/EC (CIB).
Notes: UKUSA is the multilateral agreement for the “Five Eyes” alliance.
“Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ” is full title of DPD.
“Regulation (Ec) No 45/2001 of the European Parliament and of the Council Of 18 December2000.
On the Protection of Individuals With Regard to the Processing of Personal Data by the Community.
Institutions and Bodies and on the Free Movement of Such Data” is the full title of CIB.

LEG-04:Local government has any Bills going through the legislative process.
– Gerneral Data Protection Regulation
Notes: This will be a replacement for the current DPD (From 25 May 2018)
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Sweden

LEG-01:Legislation enacted specifically for data privacy?
– Personal Data Act 1998.

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Electronic Communications Act 2003.
– Swedish Marketing Act 2008.
– Act (2008: 717) on Signals in the defense intelligence (SIG).
– The Privacy and Electronic Communications Regulations 2003 (PEC).

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy. Note: These guidelines are guidelines ONLY, each country which agrees and signs then needs to incorporate into legislation in some form.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data
– EU Data Protection Directive 1995/46/EC (DPD)v
– EU Privacy and Electronic Communications Directive 2002/58/EC (EUPEC)
– EU Regulation 45/2001/EC (CIB)
Notes: “Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ” is full title of DPD.
“Regulation (Ec) No 45/2001 of the European Parliament and of the Council Of 18 December2000.
On the Protection of Individuals With Regard to the Processing of Personal Data by the Community.
Institutions and Bodies and on the Free Movement of Such Data” is the full title of CIB.

LEG-04:Local government has any Bills going through the legislative process.
– Gerneral Data Protection Regulation
Notes: This will be a replacement for the current DPD (From 25 May 2018)
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France

LEG-01:Legislation enacted specifically for data privacy?
– Law No. 78 17 of 6 January 1978 on ‘Information Technology, Data Files and Civil Liberty’ (IDC)

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Law No. 2004-575 of June 21 2004 for confidence in the digital economy (SPAM)
– Penal Code 1994 (AKA Criminal Code 1994)
– Postal and Electronic Communications Code 1952 (PECC)
– Telecommunications Act of 1996
– The Privacy and Electronic Communications Regulations 2003 (PEC)
– Code of Homeland Security (CHS)
Notes: Code of Homeland Security – Book VIII – Title V relates to monitoring of electronic communications.

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data
– EU Data Protection Directive 1995/46/EC (DPD)
– EU Privacy and Electronic Communications Directive 2002/58/EC (EUPEC)
– EU Regulation 45/2001/EC (CIB).
Notes: “Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ” is full title of DPD.
“Regulation (Ec) No 45/2001 of the European Parliament and of the Council Of 18 December2000
On the Protection of Individuals With Regard to the Processing of Personal Data by the Community
Institutions and Bodies and on the Free Movement of Such Data” is the full title of CIB.

LEG-04:Local government has any Bills going through the legislative process.
– Gerneral Data Protection Regulation .
– Intelligence Bill.
Notes: This will be a replacement for the current DPD (From 25 May 2018).
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Germany

LEG-01:Legislation enacted specifically for data privacy?
– Federal Data Protection Act 2003 (BDSG).
Notes: Additionally, each German state has a data protection law of its own.

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Telecommunications Act 2004.
– Telemedia Act 2007 (TMA).
– The Act Against Unfair Competition 2010 (AAUC).
– Freedom of Information Act 2005.
– The Privacy and Electronic Communications Regulations 2003 (PEC).

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data.
– EU Data Protection Directive 1995/46/EC (DPD).
– EU Privacy and Electronic Communications Directive 2002/58/EC (EUPEC).
– EU Regulation 45/2001/EC (CIB).
Notes: “Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ” is full title of DPD.
“Regulation (Ec) No 45/2001 of the European Parliament and of the Council Of 18 December2000
On the Protection of Individuals With Regard to the Processing of Personal Data by the Community
Institutions and Bodies and on the Free Movement of Such Data” is the full title of CIB.

LEG-04:Local government has any Bills going through the legislative process.
– Gerneral Data Protection Regulation.
Notes: This will be a replacement for the current DPD (From 25 May 2018).
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Poland Image

Poland

LEG-01:Legislation enacted specifically for data privacy?
– Act of August 29, 1997 on the Protection of Personal Data (PPD).
Notes: Article 5–“Should the provisions of any separate laws on the processing of data provide for more effective protection of the data than the provisions hereof, the provisions of those laws shall apply”.

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– The Constitution of the Republic of Poland of 2nd APRIL, 1997 (Constitution).
– Telecommunications Act 2004.
– Act of 18 July, 2002 on Providing Services by Electronic Means (SEM).
– The Act of 7 May 2010 on supporting the development of telecommunications services and networks (TSN).

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy. Note: These guidelines are guidelines ONLY, each country which agrees and signs then needs to incorporate into legislation in some form.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data.
– EU Data Protection Directive 1995/46/EC (DPD).
– EU Privacy and Electronic Communications Directive 2002/58/EC (EUPEC).
– EU Regulation 45/2001/EC (CIB).
Notes: “Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ” is full title of DPD.
“Regulation (Ec) No 45/2001 of the European Parliament and of the Council Of 18 December2000.
On the Protection of Individuals With Regard to the Processing of Personal Data by the Community.
Institutions and Bodies and on the Free Movement of Such Data” is the full title of CIB.

LEG-04:Local government has any Bills going through the legislative process.
Compare

Estonia Image

Estonia

LEG-01:Legislation enacted specifically for data privacy?< - Personal Data Protection Act 2007.
LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Electronic Communications Act 2004.
– Information Society Services Act 2004.
– Consumer Protection Act 2004.

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data.
– EU Data Protection Directive 1995/46/EC (DPD).
– EU Privacy and Electronic Communications Directive 2002/58/EC (EUPEC).
– EU Regulation 45/2001/EC (CIB).
Notes: “Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ” is full title of DPD.
“Regulation (Ec) No 45/2001 of the European Parliament and of the Council Of 18 December2000.
On the Protection of Individuals With Regard to the Processing of Personal Data by the Community.
Institutions and Bodies and on the Free Movement of Such Data” is the full title of CIB.

LEG-04:Local government has any Bills going through the legislative process.
North America
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United States of America Image

United States of America

LEG-01:Legislation enacted specifically for data privacy?
– Privacy Act 1974.
– Children’s Online Privacy Protection Act 1998 (COPPA).

LEG-02:Other legislation enacted that has sections that have some effect on data privacy?
– Federal Trade Commission Act 1914 (FTCA).
– Foreign Intelligence.
– Surveillance Act 1978 (FISA).
– CAN-SPAM Act 2003.
– USA PATRIOT Act 2001.
– Communications Assistance for Law Enforcement Act 1994 (CALEA).
– Wiretap Act (OCC).
– The Communications Act 1934.
Notes: The Wiretap Act is Title III of the Omnibus Crime Control and Safe Streets Act 1968.

LEG-03:The Country is a member of an organisation that implements guidelines for data privacy.
– OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data.
– APEC Cross-border Privacy Enforcement Arrangement (CPEA).
– APEC Privacy Framework.
– United Kingdom – United States of America Agreement (UKUSA).
Notes: UKUSA is the multilateral agreement for the “Five Eyes” alliance.

LEG-04:Local government has any Bills going through the legislative process.
– Student Digital Privacy and Parental Rights Act 2015 (SDP).
– Do Not Track Online Act 2015 (DNT).
– Consumer Privacy Protection Act 2015 (CPP).