Security in Cambodia
Article 32 of the E-Commerce Law directly addresses matters of data protection in the course of electronic communication.
Service providers that electronically store consumers’ private information must take all reasonable security measures to avoid loss, modification, leakage, and / or unauthorized disclosure of all consumer data. The E-Commerce Law notes, however, that disclosures are allowable with the consent of authorities, or with the consent of the individual whose data is being disclosed. The E-Commerce Law does not provide specific guidelines as to how or what mechanisms are required. It is simply required that any measures could be used as long as they could reasonably protect the data from loss, or unauthorized access, use, alteration, or disclosure without authorization or illegally.
The E-Commerce Law also prohibits any encryption of data that may be used as evidence for any accusation or offence. This obligation potentially allows governmental authorities to order the decryption of data implicated in an investigation.
The E-Commerce Law also makes a blanket prohibition on certain forms of cybercrime, including interference with any electronic system for the purpose of accessing, downloading, copying, extracting, leaking, deleting, or otherwise modifying any stored data in bad faith or without authorized permission.
Article 47 of the Banking Law prohibits those who participate in the administration, direction, management, internal control, or external audit of a covered entity, and employees of the latter from providing confidential information pertaining to statements, facts, acts, figures, or the contents of accounting or administrative documents of which they might have become aware through their functions. However, this professional secrecy obligation cannot be used as a ground for nondisclosure in relation to requests by supervisory authorities, auditors, provisional administrators, liquidators, or a court dealing with criminal proceedings.
In case the service provider is not under the scope of the E-Commerce Law or Banking Law, the obligations under the laws of general application that require protection of the right to privacy and the obligation to protect data from unauthorized access should apply when a service provider collects, uses, discloses and processes data of the subject.
Furthermore, the Draft Law on Personal Data Protection requires the data controller to protect personal data under its possession or control by setting up a security system to prevent unauthorised access, collection, use disclosure, copying, modification or disposal, or similar risks; and the loss of any storage medium or device on which personal data is stored. The data processor must also take security measures to prevent loss or unauthorised or unlawful access, use, modification, or disclosure of personal data.
