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From Reactive to Proactive: Navigating AI, Privacy and Security Compliance Across APAC’s Expanding Regulatory Landscape
APAC is awash with recent changes in AI, privacy and cybersecurity regulations. Part one of this article examines the specifics of those changes and the paradigm shift they are precipitating. Part two explores the real-world implications of those changes and key takeaways for compliance teams.
Part One: Evolving APAC Regulatory Frameworks
Australia, Malaysia, Hong Kong and India have each recently introduced or updated AI, security and privacy regulations. Their goal is to align with global standards and address the emerging risks of AI and data breaches, each increasing data overexposure. Specifically:
- Australia released new OAIC guidance applying its Privacy Act to AI tools.
- Malaysia updated its Personal Data Protection Act (DPDA) with the Personal Data Protection (Amendment) Act 2024.
- Hong Kong’s PCPD issued a Model AI Framework promoting ethical AI use as well as the Protection of Critical Infrastructures (Computer Systems) Bill.
- India implemented the Digital Personal Data Protection Act (DPDPA).
These developments have potentially material impacts for businesses and how they act. All four regulatory updates address data security, but the specifics vary. Australia emphasizes privacy impact assessments and privacy by design, with Malaysia adding breach notification and DPO requirements alongside training, policy and AI ethics guidelines. Hong Kong aims at making certain industries more resilient to breaches and attacks, with formal PDPO amendments (including ones on mandatory breach notification) still evolving. India mandates data security, consent, breach notification and data rights. It also initiated development of a national AI governance framework focused on transparency and accountability. The DPDP is specifically requiring data localization for personal data and consent to be available in English and all 22 of India’s official languages.
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