The increasing use of the Internet has led to growing concerns about the protection of personal data. In Cambodia, the digital transformation journey is marked by significant advancements in Internet governance and emerging efforts to establish comprehensive data protection laws. However, as the country navigates these changes, the role of youth and their engagement in shaping these policies cannot be overstated. This blog explores Cambodia’s progress in Internet governance, the critical need for data protection laws, and the impactful activities led by the Youth Internet Governance Forum (Youth IGF) Cambodia 2023.
The Royal Government of Cambodia has laid out key policies, including the Digital Economic and Social Policy Framework, aimed at driving digital growth and improving citizens’ quality of life. This framework focuses on enhancing digital infrastructure, fostering innovation, and promoting digital inclusivity to bridge the digital divide. In January 2022, Cambodia introduced the Digital Government Policy 2022-2035. This policy aims to establish a digital government that enhances public service provision and builds citizens’ trust through modernized operations, transparency, and improved accessibility of public services.
Draft National Digital Development Policy
The Ministry of Post and Telecommunication of Cambodia (MPTC) developed the Draft National Digital Development Policy in November 2022 and submitted it to the Economic and Financial Policy Committee for approval. This policy outlines objectives for digital infrastructure development, support for digital startups, and initiatives to boost digital literacy.
The MPTC has also prepared the Draft Cybersecurity Law and the Draft Personal Data Protection Law. These drafts aim to protect the nation’s critical digital infrastructure and safeguard personal data, respectively. Stakeholders are invited to provide input to refine these laws, ensuring they address real-world challenges and align with international standards. However, the drafts are still undergoing review and revisions until recently. They drafted the law on personal data protection, which comprises 72 articles. A total of 22 articles cover punishments, including imprisonment. Additionally, 25 Prakas will follow the draft law once it is enacted.
Addressing Concerns Over the Draft Personal Data Protection Law
Despite these progressive steps, concerns have been raised about the Draft Personal Data Protection Law. Relevant stakeholders have pointed out ambiguities and unclear provisions regarding the use of personal data. During a panel discussion on 24 September 2022, organized by the Youth IGF Cambodia committee, it was highlighted that the draft law contains opaque terms and unclear purposes that allow the use of personal data without owners’ consent in Article 15.
The draft law lacks clear provisions for obtaining consent. Data collectors must clearly state the objective of collecting personal data, how it will be used, and for what purposes before seeking consent. Terms like “access,” “data subject,” and “cloud” are confusing due to direct translations into Khmer, making it difficult for citizens to understand their rights. The draft law does not specify how individuals can request the removal of their personal data or limit its use. Article 15 allows data collection without consent for the “public interest,” a term that needs a clearer definition to prevent misuse.
Multistakeholder Internet Governance Mockup Meeting on Data Protection Law
The Youth IGF Cambodia 2023 plays a pivotal role in addressing these concerns and engaging young people in the conversation about Internet governance and data protection. An important activity within Youth IGF Cambodia 2023 was the Multistakeholder Internet Governance Mockup Meeting on Data Protection Law. This session involved participants divided into groups role-playing as stakeholders, including the government, private sector, and netizens. All information and opinions expressed in this mockup meeting were for educational purposes and not to be used by third parties. The structure of the Mockup Meeting started with each group being given 5 minutes to deliver their statement on personal data protection, followed by a 20-minute session where questions and answers were exchanged between stakeholders.
Key issues discussed included concerns about how netizens’ personal data can be collected and stored without being leaked, issues surrounding the capture and potential leakage of facial data by public CCTV systems, the need for understandable terms and conditions when collecting consent from users, and risks associated with AI-generated personal data, particularly in the context of opening bank accounts through mobile apps. Participants raised several recommendations and insights. They urged the Ministry of Post and Telecommunications to enhance promotional and informational campaigns aimed at gathering inputs from citizens and civil society organizations (CSOs). There was also a call for clearly scheduled and accessible consultative meetings to allow public engagement in drafting laws. Following the mockup meeting, participants engaged in a Cross-Community Group Discussion. Three groups representing youth, the private sector, and the government shared their perspectives and formulated recommendations:
- Youth Group: Called for more inclusive training and education on data protection, especially for people in remote areas.
- Private Sector Group: Emphasized the need for affordable and accessible digital services, and highlighted the importance of multistakeholder collaboration.
- Government Group: Stressed the necessity of Internet governance that genuinely protects citizens and promotes transparent policies.
Conclusion
Cambodia’s progress in Internet governance and data protection law reflects a strong commitment to fostering a thriving digital ecosystem. However, it’s clear that we must address the concerns raised by stakeholders about the draft personal data protection law. The engagement of youth through initiatives like Youth IGF Cambodia 2023 is particularly inspiring. It demonstrates how young people can play a crucial role in shaping a secure and inclusive digital landscape. Seeing these passionate individuals come together, discuss, and propose solutions gives hope for Cambodia’s digital future where digital rights and protections are prioritized.
Written by Socheata Sokhachan
Reference
- Kiripost. (2023, January 15). Government Urged to Improve Draft Personal Data Protection Law. Kiripost. Retrieved from https://kiripost.com/stories/government-urged-to-improve-draft-personal-data-protection-law
- YIGF Cambodia team. (2023, April 5). Key Highlights of the Second Day of the Cambodia Youth Internet Governance Forum 2023. YIGF Cambodia. Retrieved from https://yigfkh.org/key-highlights-of-the-second-day-of-the-cambodia-youth-internet-governance-forum-2023/
- Open Development Cambodia. (2023, March 10). Press Release on the Progress of Digital Policies and Regulations in the Digital Sector in Cambodia. Retrieved from https://opendevelopmentcambodia.net/announcements/press-release-on-the-progress-of-digital-policies-and-regulations-in-the-digital-sector-in-cambodia/