| 英文摘要 |
The global surge in data protection laws—from 76 to 162 countries between 2011 and 2023—has reached Thailand and Indonesia: Thailand’s law passed in June 2020, followed by Indonesia about two years later. As a result of the Brussels Effect, these laws aim to align with the European Union’s General Data Protection Regulation (GDPR) to ensure smooth cross-border data flows.
By passing the GDPR-like legislations, however, the two Southeast Asian neighbors have simultaneously imported European norms and practices into their societies, leading to certain peculiar instances. For example, despite religious information now being afforded special protections like in Europe, Thai schools continue to require students to sing Buddhist chants publicly each morning. Meanwhile, in Indonesia, despite the supposed increase in privacy awareness resulting from its new legislation, papers containing ID card copies—revealing birth date, address, blood type, and religious information—have been found used to wrap street snacks. While data breaches and doxing incidents continuously make the news in both countries, regulators’enforcement and investigative activities have been relatively scant.
This article contends that substantive changes in both countries remain elusive even after years since these laws were passed. This study will spotlight and compare three key factors that may have resulted in legal uncertainty, confusion, and enforcement gaps in the two jurisdictions: (1) the replication, rather than adaptation, of the GDPR; (2) the focus of stakeholders on the dos and don’ts to evade legal fines rather than the legislations’underlying intent; and (3) the lack of regulators’readiness. The research aims to better understand these underlying causes to pave the way forward for meaningful progress in data protection for both nations and beyond. |
本站僅提供期刊文獻檢索。
