The Privacy Commissioner’s Response to the Government’s Consultation on Ordinance Review

1.    The Privacy Commissioner for Personal Data (“the Commissioner”) presented his response to the Government’s Consultation (“the Consultation Document”) on Review of the Personal Data (Privacy) Ordinance (“the Ordinance”) last Friday.

2.    “The amendment proposals, most of which have their origin in the Office of the Privacy Commissioner for Personal Data (“PCPD”)’s proposals to the Government in 2007, aim to update the Ordinance and give the public greater protection in relation to their personal data.” the Commissioner Mr. Roderick Woo said.

3.    In its response, the PCPD places emphasis on the following important issues:
(a)    Sensitive Personal Data
PCPD urges the Government to reconsider its position and suggests that at least the physical and mental health data be classified as sensitive data giving them a higher level of protection.

(b)    Regulation of Data Processors and Sub-contracting Activities
That PCPD strongly supports the proposal that data processors should be brought within the regulatory ambit of the Ordinance thus giving fuller protection to personal data against improper use, excessive retention and security breach.

(c)    Personal Data Security Breach Notification
PCPD supports mandatory data breach notification if and when certain conditions are fulfilled.  However it recommends that the requirement be brought into effect in stages.

(d)    Award Compensation to Aggrieved Data Subjects
PCPD proposes that it be given power to award compensation to aggrieved data subjects to achieve more effective remedies.

(e)    Unauthorized Obtaining, Disclosure and Sale of Personal Data
PCPD supports the criminalization of obtaining and disclosing personal data without consent of data users along the line of the UK legislation.

(f)    Imposing Monetary Penalty on Serious Contravention of Data Protection Principles
PCPD considers that the imposition of monetary penalties on serious contraventions of data protection principles will provide greater deterrence.

4.    PCPD’s response has been uploaded to its website (www.pcpd.org.hk) for public information.  In reading the response, readers who are seriously interested in the issues concerned are strongly encouraged to refer to the Information Paper that the PCPD published in September which is also accessible at the same website.

5.    “I stand ready to assist the Government in the analysis of the responses from the public on the Consultation Document with a view to mapping the way forward and seeking the most expeditious route to the legislative amendment.” Mr. Woo added.



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