expanding across the globe. Singapore is a good example of this trend. It started by
adopting, in 2012, a statutory rule imposing a general obligation to protect personal
data from unauthorized use. This rule was complemented with detailed guidelines
issued by the Personal Data Protection Commission and developed by case law.
Further laws and regulations on this subject, comprising a mandatory data breach
notification regime, are intended to be tabled in Parliament in the near future.
121
3.2 Data Protection in the Electronic Communications Sector
The electronic communications sector—which is a new term for the telecommunications sector—and the legislation governing it have been developing for more than
a century.
Communications often have a transnational character, since they take place
without consideration of national borders. This transnational character, combined
with the fact that the International Telecommunications Union (hereinafter ITU)
122
is the oldest international organization, explains the existence of a relatively large set
of harmonized rules applicable to electronic communications at the international
level.
Given this international context, data protection in the electronic communications
sector benefits from a certain level of harmonization within the geographical scope
of the present study.
For this reason, all jurisdictions covered by this report have adequate and very
comprehensive legislation, regulation and supervisory systems concerning the electronic communications sector, which, given the international context in which they
were adopted, are extremely similar. In each country, there are specific statutes that
regulate the electronic communications sector, which comprise provisions on data
protection in this sector.
123 The prohibition of the interception of communication
data and, in general, the obligation to guarantee the confidentiality of communications are enshrined in international instruments such as the Universal Declaration of
Human Rights of 1948, the European Convention on Human Rights of 1950 or the
European Union Charter of Fundamental Rights of 2000. Several countries have
transposed the provisions of these international instruments into their national legal
systems.
121 See the Singaporean National Report, Sect. 3.6.
122 The ITU, originally the International Telegraph Union, was created in 1865 and is, since 1947, a
United Nations specialized agency. ITU is an international body that promotes the development of
telecommunication networks and access to telecommunication services by fostering cooperation
among governments and standardizing technologies and protocols, among many other undertakings. See http://www.itu.int.
123 See, for example, the United States of America’s National Report, Sect. 3, the European Union
Special Report, Sect. 3, the Cape Verdean National Report, Sect. 3.2, and the Japanese National
Report, Sect. 3.2.
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D. Moura Vicente and S. de Vasconcelos Casimiro
adopting, in 2012, a statutory rule imposing a general obligation to protect personal
data from unauthorized use. This rule was complemented with detailed guidelines
issued by the Personal Data Protection Commission and developed by case law.
Further laws and regulations on this subject, comprising a mandatory data breach
notification regime, are intended to be tabled in Parliament in the near future.
121
3.2 Data Protection in the Electronic Communications Sector
The electronic communications sector—which is a new term for the telecommunications sector—and the legislation governing it have been developing for more than
a century.
Communications often have a transnational character, since they take place
without consideration of national borders. This transnational character, combined
with the fact that the International Telecommunications Union (hereinafter ITU)
122
is the oldest international organization, explains the existence of a relatively large set
of harmonized rules applicable to electronic communications at the international
level.
Given this international context, data protection in the electronic communications
sector benefits from a certain level of harmonization within the geographical scope
of the present study.
For this reason, all jurisdictions covered by this report have adequate and very
comprehensive legislation, regulation and supervisory systems concerning the electronic communications sector, which, given the international context in which they
were adopted, are extremely similar. In each country, there are specific statutes that
regulate the electronic communications sector, which comprise provisions on data
protection in this sector.
123 The prohibition of the interception of communication
data and, in general, the obligation to guarantee the confidentiality of communications are enshrined in international instruments such as the Universal Declaration of
Human Rights of 1948, the European Convention on Human Rights of 1950 or the
European Union Charter of Fundamental Rights of 2000. Several countries have
transposed the provisions of these international instruments into their national legal
systems.
121 See the Singaporean National Report, Sect. 3.6.
122 The ITU, originally the International Telegraph Union, was created in 1865 and is, since 1947, a
United Nations specialized agency. ITU is an international body that promotes the development of
telecommunication networks and access to telecommunication services by fostering cooperation
among governments and standardizing technologies and protocols, among many other undertakings. See http://www.itu.int.
123 See, for example, the United States of America’s National Report, Sect. 3, the European Union
Special Report, Sect. 3, the Cape Verdean National Report, Sect. 3.2, and the Japanese National
Report, Sect. 3.2.
24
D. Moura Vicente and S. de Vasconcelos Casimiro