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The Tenth International World Wide Web Conference May 1 - 5, 2001, Hong Kong

Learn about the Personal Data (Privacy) Ordinance in Hong Kong, its objectives, principles, benefits of compliance, and the role of the Privacy Commissioner in safeguarding individual privacy rights. Explore how the ordinance regulates data collection, use, security, and access to personal data.

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The Tenth International World Wide Web Conference May 1 - 5, 2001, Hong Kong

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  1. Personal Data (Privacy) OrdinanceHong KongbyStephen LauPrivacy Commissioner for Personal DataHong Kong SAR The Tenth International World Wide Web Conference May 1 - 5, 2001, Hong Kong Hong Kong Convention & Exhibition Centre

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  3. Hong KongObjectives ofPersonal 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. Data Privacy Complaints in Hong Kong 8

  9. Code of Practice • Hong Kong Identity Card 1998 • Consumer Credit Data 1999 • Human Resource Management 2000 • Workplace Surveillance 2001 9

  10. Internet-Related • Privacy guidelines for users 1998 • Privacy guidelines for websites 1998 • Privacy policy and purposes statements 1999 • Spamming Code (HK ISP Association) 2000 • e-Privacy for e-commerce 2001 10

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

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

  13. Privacy Commissioner for Personal DataHong Kong SAR Website: http://www.pco.org.hk 13

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