UNESCO Declaration on Privacy Rights in the Digital Age

1. UNESCO International Forum On Privacy Rights in the Digital Age UNESCO Declaration 28 Sept. 2005 Whon-il Park Professor at Kyung Hee Univ. onepark@khu.ac.kr

2. Contents • Introduction • What to Consider • Privacy Protection Principles • draft Declaration on Privacy Protection • Conclusion

3. Introduction • Impression of the Paris Conference in 2001

4. Privacy Protection = way of life in France and in other European countries i.e., Culture

5. Symbolic Events in Seoul Today - Concrete covered Cheonggye Stream is reborn as a space of new culture and life style downtown Seoul.

6. What to Consider • Privacy Issue ⇒ Different from State to State - Europe → Fundamental rights - U.S. → Market oriented pratices - Asian Countries → Asian values • UNESCO Declaration includes: - UNESCO color e.g. media, education, science, etc. - Recognition of Diversity of Member States - Advisable Paradigm shift of Privacy Protection in the Information Age e.g. e-Commerce, free flow of data - Achievements of other International Organizations - Various regional experiences - Acknowledgment of conflict of Value in the region - Universal nature of Privacy Protection Principles

7. Privacy Protection Principles • OECD Privacy Guidelines of 1980 • - Collection Limitation Principle • Data Quality Principle • Purpose Specification Principle • Use Limitation Principle • Security Safeguard Principle • Openness Principle • Individual Participation Principle • Accountability Principle • ⇒Are they standard or obsolete?

8. cf. Universal Nature of Data Protection Principles • APEC Privacy Principles of 2004 • - Preventing Harm • Notice • Collection Limitation • Uses of Personal Information • Choice • Integrity of Personal Information • Security Safeguards • Access and Correction • Accountability & Due Diligence in Transfers • ⇒Five bases for Criticism explained by Prof. Greenleaf

9. cf. Universal Nature of Data Protection Principles • The Montreux Declaration of 2005 There are some arguments: • The Declaration appeals for UN to prepare binding • legal instrument. • To what extent does the Declaration have effects? • Are the Montreaux Principles elevated as Global Standards? • Then • Does UNESCO have such capacity as appealing for • governments, international organizations, NGOs • and businesses to do something special? • Do the Participants in the Seoul Forum represent the • Privacy Protection Initiatives?

10. To Recognize the Universal Nature of Principles Point of departure: • - Lawful collection and processing of personal information • Purpose-specification and limitation • Accuracy • Proportionality • Transparency or Openness • Individual participation • Non-discrimination • Data security • Responsibility • Independent supervision • Adequate level of protection in case of TBDF

11. Draft DecIaration • Subject: All the Participants or Someone else? • Object: To Whom is the Action Programme operative? - Data Subject - Private Sector or Businesses - NGOs - Governments - International Organizations • Any Agreement Available? - Enhancing Awareness, Technological advancement, Public- Private Partnership, Sustainable UNESCO Network, etc.

12. Conclusion • The right to privacy is a human right and is essential for free and self-determined human development in the knowledge-based society. • As Prof. Greenleaf said, there is no one way forward for the development of privacy standards at present in the Asia-Pacific Region. • So an Action Programme is required in the fields of Education, Technology and the Institution based upon the Consensus.

13. Thank you very much for your Attention. More slides with photos to come.

14. Prof. Park is explaining a draft UNESCO Declaration.

15. Prof. Greenleaf is addressing a key note speech.