The paper assesses the limitations of Western approaches to data protection that are focused on individual rights or market liberty, and questions how a more welfare-oriented alternative might emerge from Asian ethical traditions. It proposes a new approach that is based on the key principles of Confucian and Islamic thought, namely trust, harmony, and justice. Under this approach, personal data is no longer a commodity to own and trade, but rather a public good that is trusted. Corporations and governments are not owners but stewards of the data, and are required to use data for the benefit of society to promote justice and to avoid harm. The model is operationalized through legal mechanisms such as data trusts, relational impact assessments, community ethics councils, and is safeguarded against government overreach through constitutional protections. The article also considers how to implement this model in cross-border situations by suggesting a ‘relational proportionality’ test and a ‘Regional Data Harmony Council’ to resolve disagreements about the public interest among Asian countries. This presents a new approach to personal data protection, which is more community and ethics-oriented.
Riaduzzaman et al. (Mon,) studied this question.