Page 89 - AEI Insights 2019 - Vol. 5, Issue 1
P. 89

AEI Insights: An International Journal of Asia-Europe Relations, Vol 5, Issue 1, 2019, ISSN: 2289-800X

               Opinion

                      TWINNING EUROPE AND ASIA IN CYBERSPACE: THE EU
                    LEGISLATION, ASEAN AND ITS TRANSFORMATIVE POWER

                                                                       a
                                                  Melda Kamil Ariadno
                                                                      b+
                                                 Anis H Bajrektarevic

                                      a Faculty of Law Universitas Indonesia, Jakarta.
                             b International Law and Global Political Studies, Vienna, Austria.


                                                              1
                                           + Corresponding author : dessa@ifimes.org

               Abstract
               While our troposphere is dangerously polluted, one other space – that of intangible world,
               created  by  the  interconnected  technology  –  follows  the  same  pattern:  a  cyberspace.
               Additionally, our cyberspace becomes increasingly brutalised by its rapid monetisation and
               weaponisation. It mainly occurs through privacy erosion. How to protect effectively individuals
               and their fundamental human rights, and how to exercise a right for dignity and privacy? The
               EU now offers a model  legislation to  its  Member States,  and by its  transformative power
               (spillover) to the similar supranational projects elsewhere (particularly ASEAN, but also the
               AU, OAS, SCO, SAARC, LAS, etc.), and the rest of world.
               Keywords: Cyberspace, Data, Privacy, EU, ASEAN; Indo-Pacific, Twining, Transformative power


               Introduction
               While our troposphere is dangerously polluted, one other space – that of intangible world,
               created by the interconnected technology – follows the same pattern: a cyberspace.
               Information  is  a content and the frame, means  and  the goal  in  the world  of binary codes.
               Commodification of information in digital world is nothing else but a search for a cyberspace
               currency. Hence, what is a black gold, oil/crude for the PEM (Primary Energy Mix) of every
               national economy that is a personal data in the world of cyber-information – component that
               predominantly energises and runs the system.

               No wonder that our cyberspace becomes increasingly brutalised by its rapid monetisation and
               weaponisation. It mainly occurs through privacy invasion and its constant erosion due to an
               expanding exposure and inadequate preservation. How effectively to protect individuals, their
               fundamental human rights, and how to exercise a right for (cyberspace) dignity and privacy?
               The EU now offers a model legislation to its Member States, and by its transformative power
               (spill-over) to the similar supranational projects elsewhere (particularly ASEAN, but also the
               AU, OAS, SCO, SAARC, LAS, etc.), and the rest of  world. (From a lege specie towards the
               universal jurisdiction.)
               Rules and regulations to protect personal data do not trigger many sympathies. The corporate
               world sees it as an unnecessary deterrent; as a limit to their growth – more to pay and less or
               slower to yield, innovate and expand. Governments would traditionally wish the rules should


               1  E-mail via his assistant

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