And after asking some UK lawyers, found out that

In Asia-Pacific, for example, only Australia and New Zealand meet the 
European Commission's criteria of having the adequate level of protection 
"by reason of its domestic law or of the international commitments it has 
entered into", according to the EC's Web 
site<http://ec.europa.eu/justice/data-protection/document/international-transfers/adequacy/index_en.htm>.
  


so it may well be that hosting European datacenters here due to the high 
Euro might be a commercial opportunity for those wanting lower latencies 
from Asia.

On Monday, May 6, 2013 3:17:29 PM UTC+12, drllau wrote:
>
> Firstly the $1.7M is the cap so scare-mongering doesn't help unless you 
> include facts that
>
> - evidence based - Where a direct or ancillary contravention of a civil 
> penalty provision has occurred, the Commissioner will be able to apply to 
> the Federal Court or the Federal Magistrates Court for a civil penalty 
> order.
>
> - credit history - provisions are mainly concerned with credit reporting, 
> but a serious or repeated interference with the privacy of individuals (ie. 
> a breach of an APP or a registered APP Code binding on the entity) will now 
> carry civil penalty provisions.
> - powers - conciliation of complaints to Privacy commissioner (direct 
> marketing) and increase in the Commissioner's regulatory and enforcement 
> powers and options. The Bill also removes some of the existing 
> pre-conditions to the Commissioner's exercise of powers
>
> So any evasion by relocating your datacentre overseas appears moot as it 
> triggers when the info crosses over Australia Exclusive Economic Zone ... 
> so unless you plan on never contacting anyone in Australia, relocating to 
> another data jurisdiction is just adding latency. I'd point out that the 
> revised EU Data Protection Directive is more onerous ... I've heard of some 
> open-source groups having to scrub addresses of internal email messages to 
> comply.  
>
> Personally I believe control of personal information should devolve onto 
> individuals who if they allow outsiders to use it, should be treated as a 
> constructive trust but the arrival of Little Brother (see 
> http://knowledgerights.org/group/ownership/forum/topics/us-starting-to-recognise-the)
>  means that in exchange for vanity trinkets like messageWalls, you 
> irrevocably give away your lifetime interest graph/purchasing history, 
> there's nothing one can do whilst watching the corporate towns springing 
> up. Privacy is like virginity ... once gone, can never return.
>  
> Lawrence
> http://www.linkedin.com/in/drllau
>
> On Saturday, May 4, 2013 11:38:45 PM UTC+12, Paul Lupson wrote:
>>
>>
>> http://www.smh.com.au/it-pro/business-it/threat-of-17m-privacy-fines-serious-20130503-2iwup.html
>>
>

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