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Cambodia’s Data Privacy Framework: A Comprehensive Analysis

Introduction

This article provides an in-depth analysis of Cambodia’s data privacy framework, highlighting its strengths and weaknesses. The text outlines various aspects of data protection, including legal bases for processing personal data, principles such as consent, purpose limitation, disclosure, correction, access, protection, and retention, controller and processor obligations, and data subject rights.

Key Principles of Data Protection in Cambodia

The following are some key points from the text:

  • There is no specific consent requirement under Cambodian law.
  • It is recommended that consent be obtained before collecting, using, or disclosing personal data.

Purpose Limitation

  • The collection, use, or disclosure of personal data should only be for purposes that are reasonable and disclosed to the individual concerned.

Disclosure Obligations

  • Individuals should be notified of the purpose(s) for which the personal data will be collected, used, or disclosed on or before such collection, use, or disclosure of the personal data.

Correction Obligation

  • Any incorrect or inaccurate personal data of a data subject that is in the possession or under the control of the data controller should be corrected upon request of the data subject.

Access Obligation

  • Data subjects should be permitted to access their personal data in the possession or under the control of the data controller for correcting the information under the correction obligation.

Protection Obligation

  • Personal data in the data controller’s possession or under its control should be protected by taking necessary measures to prevent loss, unauthorized access, use, alterations, leaks, disclosures, or otherwise.

Retention Obligation

  • All personal data should be retained that is in the data controller’s system that may give rise to civil and criminal liability.

Controller and Processor Contracts

There are no requirements for controller and processor contracts under Cambodian law.

Data Subject Rights

Data subjects have limited rights under Cambodian law, including:

  • The right to be informed
  • Access their personal data
  • Rectification
  • Object/opt-out
  • Data portability

Conclusion

Overall, Cambodia’s data privacy framework has room for improvement in providing more comprehensive protections for individuals’ personal data.