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Privacy, Security & The Geography Of Data Protection
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Marilyn Cohodas
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Marilyn Cohodas,
User Rank: Strategist
9/12/2014 | 8:11:27 AM
Culture & history, commerce & security
Really interesting analysis of how culture and history impacts commerce.  In today's inter-conconnected world, the ramifications (particularly for US-based cloud service providers in the Europaon market) are quite serious. It will be interesting to see how this plays out. But I'm curious, Malte, do you see any signs of a global consensus on data protection policy emerging within the tech industry, or will it continue to be a battleground in the courts and national political institutions for the forseeable future? 
billsensei
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billsensei,
User Rank: Apprentice
9/12/2014 | 2:02:50 PM
Japanese personal information protection system
As a bilingual specialist consultant on designing and dealing with Japanese personal information protection system and relevant laws, I find that the ones in Europe to show a lack of harmonization. The Japanese system is very deep and very thorough and it is the law for any organization with more than 5,000 names in their databases to ahere to the principles laid out. What's more, the Japanese system has been recognized as being so well thought out that both China and South Korea have been basing their own PIPS on the Japanese one.

 

If anyone is interested in knowing more on the Japanese system, then please feel free to contact me.
Malte_Utimaco
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Malte_Utimaco,
User Rank: Apprentice
9/15/2014 | 9:52:25 AM
Re: Culture & history, commerce & security
Dear Marilyn,

thank you for your questions. It´s a really interesting and very relevant discussion whether we can establish in a foreseeable future a privacy and data protection minimum, accepted by most of major states worldwide. The EU discussions on the current data protection reform - a process already pending more than 2 years - are indeed expected to close within the next 12 months. There is a clear momentum now with the establishment of the new EU commission - and including the associated states, citizens and organisations will have then at least amongst those 28 nations a uniform and consistent data protection scheme at a significantly better level than the US today. The latest most interesting debates happened about the data exchange and safe harbor rules with states outside the EU, and Snowden, but more so the "US-vs-Microsoft case" in New York had a large impact on those. If the EU gets it right now, it will not only simplify the life of business within Europe, but also establish a strict privacy protection regulation level for more than 500mio citizens worldwide, having possibly a similar powerful impact as the US had with pushing for worldwide acceptance of their export regulation regime. The few discussions about a basic human right for privacy which happened at a United Nations level seem theoretical and abstract in that comparisions, so as often I would bet more on the power of establishing facts in one part of the world and leading therefore by example.

Best regards,

Malte
Marilyn Cohodas
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Marilyn Cohodas,
User Rank: Strategist
9/15/2014 | 9:55:30 AM
Re: Culture & history, commerce & security
Among those 28 nations you refer to, I assume US is not among them. Correct?
Malte_Utimaco
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Malte_Utimaco,
User Rank: Apprentice
9/15/2014 | 9:56:40 AM
Re: Culture & history, commerce & security
That`s correct, the 28 are all the EU member states and a few associated particularly in Eastern Europe.
Marilyn Cohodas
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Marilyn Cohodas,
User Rank: Strategist
9/16/2014 | 9:12:26 AM
Re: Culture & history, commerce & security
Sounds like the cultural/historical/political trends in Europe and the US are far from being resolved. In the US-vs-Microsoft case the initial ruling (requiring Microsoft to turnover docs) may yet be overturned on appeal, which illustrates the fact that there is (and has always been) an active civil libertarian pont of view in the US. This sentiment has grown stronger in the post Snowden era. but with not nearly the same fervor as in Europe. 


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