Contributed by TOUCH Rattanak Raingsey, Intern at ANANT Law Firm

The current laws related to personal data protection in Cambodia are limited and not comprehensive enough, leaving room for potential exploitation of deceased persons’ data and dignity if there is no proper data retention to protect their privacy.

To address this issue, Cambodia should establish an inclusive guideline that protects both deceased and living persons. This guideline should consider existing frameworks from the European Commission, ASEAN legal standards, and practices of major online platform companies such as Google and Meta.

Key elements of the proposed solution include:

• Succession and Access of Data: Implementing limitations to preserve the privacy and dignity of deceased persons.
• Dead Switch Button: Introducing a feature that allows users to decide what happens to their data after they die. Users can choose to have their data deleted or have the company follow specific guidelines.

By adopting these measures, Cambodia can ensure that the privacy, dignity, and wishes of deceased persons are respected, and their online data is managed responsibly.

*TOUCH Rattanak Rainsey is an intern at ANANT Law Firm, Passionate about digital law, Rainsey contributes valuable insights into the evolving legal landscape.

View the full publication here.