Asia-Pacific news

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Abstract

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.

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Much attention has been given to the United States Government under the United States Patriot Act 2001,to order Australian organisations to surrender data, such as stored on a server located in the United States or stored at a data centre outside the United States but owned or operated by a United States Company. However, the Australian government also has available to it, a number of legal mechanisms whereby Australian officials can seek access to data stored on third party cloud computing

China's new privacy regulation applicable to Internet information service providers

On December 29, 2011, the Ministry of Industry and Information Technology of the People's Republic of China (“MIIT”) released a new regulation clearly defining the personal information protection requirements applicable to Internet Information Service Providers (“IISPs”). This new regulation, entitled Several Provisions on Regulation of the Order of Internet Information Service Market, came into force on March 15, 2012.

The new regulation is the first national level of regulation that provides a

Privacy Commissioner releases findings on investigations into Hong Kong retail banks

On 15 December 2011, the Privacy Commissioner for Personal Data (“Commissioner”) published his final findings on investigations into the collection, retention and transfer of personal data by a number of retail banks in Hong Kong, launched in August 2010 (the “Investigations”).

In a related media statement, the Commissioner emphasised the need for banks to observe the data protection obligations mandated under the current legislative regime and under relevant guidelines (such as the Guidance on

Background

The Electronic Identity Verification Bill (Bill) had its first reading in Parliament on 7 February 2012. It has been introduced to address the inefficiencies around individuals having to prove their identities repeatedly to different agencies. It is expected to ultimately save time and money for the agencies and people using the Electronic Identity Verification Service (Service).

How the service works

The Bill allows for the creation of an online electronic identity credential for each individual who opts into the

New national 2FA infrastructure launched in Singapore

The Infocomm Development Authority of Singapore (“IDA”) has in December 2011 through its wholly owned subsidiary Assurity Trusted Solutions launched a new two-factor authentication (“2FA”) infrastructure which will allow for public and private sector online services to be authenticated through the use of a single “OneKey” 2FA security device.

The initiative is aimed at allowing public and private sector service providers (including banks and securities trading firms) to offer 2FA authentication

Shortcut at work costs worker forty days

The defendant worked for Company A who sent him to undertake some required IT engineering at Nokia Siemens Networks Taiwan Co., Ltd. ("NSN"). NSN had Taiwan Mobile Co., Ltd. ("TM") as a client. NSN assigned the defendant to maintain its Traffic Analysis Service System ("TASS"). The defendant set out to upgrade NSN's system at TM. He had the ability to undertake the work at the location or via logging into the system via a prior authorized VPN. He failed to do so and rather choose to use two

FATCA and Thailand data protection laws

Under the new United States Foreign Account Tax Compliance Act (FATCA), any Thailand financial institutions which have US investments or hold US investments for their account holders (e.g. US-based funds) are obliged to enter into reporting agreements with the United States Revenue Department. By virtue of these agreements, Thai financial institutions will assume the duty of identifying any accounts held/controlled by US citizens, as well as divulging the account information and all income

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