Page 74 - SAMENA Trends - May 2020
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ARTICLE  SAMENA TRENDS

        Preparing for the future – players to take   basis.  Arbitraging between  cooperation,   Such new individual laws, such as South
        stances, governments to close gaps   compliance and customer trust has been   Korea’s provisions passed  after the  2015
        The above mentioned apps/ mechanisms   a conundrum in many cases, as illustrated   MERS outbreak, will undoubtedly redefine
        can be critical for privacy  as  they  gather   by Apple’s decisions. Apple has decided to   the regulatory landscape, however it is key
        more data than Telcos ever did, and hence   develop  its  own  contact-tracing  platform   that global alignment is maintained as the
        appropriate regulations are required for   with   Google,   enabling   interoperable   data sharing paradigm evolves, given that
        governments, smartphone manufacturers,   Bluetooth   communication   between   data protection regulations and measures
        app-store managers or whichever entity   devices for official apps without funneling   are intertwined globally.  For instance,  EU
        is developing  and administering these   to central governmental server for privacy   authorities will have to adapt their cross-
        apps/ mechanism, especially in countries   reasons. In fact, it has embarked on a   border data sharing rules as some countries
        where national data protection  laws  do   confrontational  course  with countries   update their former data  protection
        not exist yet. Even when  not directly   such  as the UK and France,  which  have   mechanisms,  prompting alterations  to
        involved with  app development, Telcos   decided  to develop  their  own top-down   the multinational data transfer landscape.
        have been solicited  in several  cases   apps and  have  asked Apple  to  remove   Such changes can bring new opportunities
        to  give them privileged  access  (e.g.  to   restrictions  on  Bluetooth  usage.  Apple   and risks  for Telcos which will  only
        Bluetooth  communications)  or  to  push   has  refused, provoking the ire  of  several   become  clear with time, however as  a
        them into smartphones  on an opt-out   legislators,  that  claim  the  firm  is  slowing   broad guidance  to navigate this  complex
                                             down  efforts to stop spread  of the  virus.   regulatory landscape, Telcos need to have
           Countries      are     already    Despite immediate reputational risk, Apple   their priorities right in  order to  ensure
           drafting  new  regulations        could benefit from its decision, as it did in   legal compliance, while also  maintaining
           to address the  gaps.  In         2016 when refusing to provide access to   amenable relations with  governments as
                                                                                 well as trust of their customers.
                                             an iPhone as sought by Federal Bureau of
           Armenia, the  parliament          Investigation  (FBI),  ended  up  reinforcing
           on  31st  March passed            customer  trust in the company.  Learning   As  a broad guidance  to
                                             from the above, taking a stance for privacy,
           amendments              giving    when  supported  by  firm  regulatory  and   navigate  this  complex

           the     authorities      broad    ethical grounds, can be a sound decision   regulatory     landscape,
           surveillance           powers     for Telcos as well.                    Telcos  need  to  have  their
           that  require  Telcos to          Countries  are  already drafting new   priorities  right  in  order  to
           share  phone  records for         regulations to address the gaps. In Armenia,   ensure  legal  compliance,
                                             the parliament on 31st March  passed
           customers,           including    amendments giving the authorities broad   while  also  maintaining
           phone  numbers,  location,        surveillance  powers that require Telcos   amenable  relations  with
           time, and date of their calls     to  share  phone  records  for customers,   governments  as  well as
                                             including  phone  numbers,  location, time,
           and text messages.                and date of their calls and text messages.   trust of their customers.

































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