|APrIGF 2023 Session Proposal Submission Form|
|Part 1 - Lead Organizer|
|Ms. Debora Christine|
|Organization / Affiliation (Please state "Individual" if appropriate) *|
|Project Manager, Data Policy and Governance|
|Economy of Residence|
|Primary Stakeholder Group|
|List Your Organizing Partners (if any)|
|Bernadeta Gracia Lavitasari
Program Assistant, Data Policy and Governance
|Part 2 - Session Proposal|
|To protect or harm?: what the tensions between privacy and civic freedoms in personal data protection laws mean for civil society|
|Where do you plan to organize your session?|
|Onsite at the venue (with online moderator for questions and comments from remote participants)|
|Specific Issues for Discussion|
|Civil society organizations (CSOs) are becoming increasingly data-heavy operations. The data that many CSOs hold, including that of beneficiaries, staff, donors, and supporters, may be of interest to any number of malevolent actors, including governments and non-state actors. With the enactment of personal data protection laws across the globe, CSOs that are lax or negligent with how they collect, use, and store personal data not only create risks for the individuals whose data they process but also for themselves. Negligence or the lack of capacity to put necessary safeguards in place to ensure personal data protection creates the financial risk of having to meet punitive fines or losing data to online criminals, the loss of trust by donors and supporters, and the reputational risk of being exposed by the media or fined by a regulator. In an era in which the political and operational space of civil society is “shrinking,” compliance with data protection laws also provides a robust defense against adversaries who may seek to use or abuse the laws to undermine the activities of CSOs.
In several countries, personal data protection-based litigation and administrative proceedings have emerged as new forms of strategic litigation against public participation (SLAPP). Therefore, as much as CSOs need to comply with data protection laws, they also need to advocate against provisions in the laws that are harming civic freedoms, including the right to information, freedom of expression, and press freedom.
This session will unpack the tensions between individual privacy protection and threats to civic freedoms in data protection laws, particularly in Indonesia, India, and the Philippines. Then, it will discuss the consequences of such provisions for CSOs, particularly for their operations and advocacy.
|Describe the Relevance of Your Session to APrIGF|
|The topic discussed in the session falls under the Trust thematic track. The session seeks to discuss the right approach to balance the protection of fundamental rights in data protection laws and encourage civil society's active participation in the advocacy of the issue. It focuses on ensuring legal certainty and fulfillment of fundamental rights protection in the development and implementation of personal data protection laws, as well as guaranteed public participation in the processes. Both legal certainty and guaranteed participation play an essential role in upholding trust in data and digital governance processes. Upholding trust in data and digital governance processes is particularly important in an era where the adoption and development of emerging technologies driven by the abundance of data are rapidly increasing.|
|Methodology / Agenda (Please add rows by clicking "+" on the right)|
|Moderators & Speakers Info (Please complete where possible)|
|Please explain the rationale for choosing each of the above contributors to the session.|
|The speakers have expertise in the governance of digital data and digital technologies in their respective fields.
Ms. Anandita Mishra and Ms. Maristela Miranda will offer insights regarding the risks of several provisions in the personal data protection legislation in India and the Philippines for civic freedoms, respectively. Mr. Ferdhi Fachrudin Putra and Mr. Aris Harianto will present the findings of the research on the attitude of civil society organizations in Indonesia regarding the newly enacted data protection law and the compliance challenges they encounter. Then, all speakers will discuss the challenges civil society faces in data protection advocacy in their regions. They will also explore what CSOs can do to participate meaningfully in policy processes to advocate for a more balanced approach to protecting individual privacy and civic freedoms in the law and its implementation while improving their compliance capacity. The importance and opportunities for transnational CSOs' collaboration in advocacy for personal data protection and civic freedoms will also be discussed in the session.
|Please declare if you have any potential conflict of interest with the Program Committee 2023.|
|Are you or other session contributors planning to apply for the APrIGF Fellowship Program 2023?|
|Number of Attendees (Please fill in numbers)|
|Gender Balance in Moderators/Speakers (Please fill in numbers)|
|I agree that my data can be submitted to forms.for.asia and processed by APrIGF organizers for the program selection of APrIGF 2023.|