Personal Data (Privacy) Ordinance Hong Kong Personal Data (Privacy) Ordinance Hong Kong by Stephen Lau Privacy Commissioner for Personal Data Hong Kong.

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Presentation transcript:

Personal Data (Privacy) Ordinance Hong Kong Personal Data (Privacy) Ordinance Hong Kong by Stephen Lau Privacy Commissioner for Personal Data Hong Kong SAR The Tenth International World Wide Web Conference May 1 - 5, 2001, Hong Kong Hong Kong Convention & Exhibition Centre

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Hong Kong Objectives of Personal Data (Privacy) Ordinance Hong Kong Objectives of Personal Data (Privacy) Ordinance to protect the individual’s right to privacy with respect to personal data to safeguard the free flow of personal data to Hong Kong from restrictions by countries that already have data protection laws 3

The Personal Data (Privacy) Ordinance Enacted 3 August 1995 Commenced operation 20 December 1996 Based on internationally accepted data protection principles Apply to personal data of individuals Govern private sector and public sector Established the Privacy Commissioner’s Office 4

Data Protection Principles Principle 1 - Purpose and manner of collection - this provides for the lawful and fair collection of personal data and sets out the information a data user must give to a data subject when collecting personal data from the subject. Principle 2 - Accuracy and duration of retention - this provides that personal data should be accurate, up-to- date and kept no longer than necessary. 5

Data Protection Principles Principle 3 - Use of personal data - this provides that unless the data subject gives consent otherwise personal data should be used for the purposes for which they were collected or a directly related purpose. Principle 4 - Security of personal data - this requires appropriate security measures to be applied to personal data (including data in a form in which access to or processing of the data is not practicable). 6

Data Protection Principles Principle 5 - Information to be generally available - this provides for openness by data users about the kinds of personal data they hold and the main purposes for which personal data are used. Principle 6 - Access to personal data - this provides for data subjects to have rights of access to and correction of their personal data. 7

Data Privacy Complaints in Hong Kong 8

Code of Practice Hong Kong Identity Card1998 Consumer Credit Data1999 Human Resource Management2000 Workplace Surveillance2001 9

Internet-Related Privacy guidelines for users1998 Privacy guidelines for websites1998 Privacy policy and purposes statements1999 Spamming Code (HK ISP Association)2000 e-Privacy for e-commerce

Improved customer relations Improved employee relations Better record management & information systems practices More effective planningMore effective operations BENEFITS OF COMPLIANCE 11

Hong Kong 2000 Community Opinion Survey Long term benefits of the Ordinance: Strongly agree / agree 12

Privacy Commissioner for Personal Data Hong Kong SAR Website: 13