The art of harmonizing the letter and spirit of the law

Message from Legal Counsel

As Legal Counsel my duties include advising on legal issues arising from data privacy complaints, commenting on proposed legislations which may have an impact on data protection, reviewing and comparing overseas data privacy development which can enhance the data protection work we do.

Many of the appeal cases I handled were lodged by complainants who were not satisfied with the decisions made by the Commissioner who, after completing sufficient enquiries, decided not to mount a full scale investigation into their complaints. I had to explain to the Administrative Appeals Board and the complainants the basis of the decisions. In some of these appeals, the complainants were legally represented, sometimes by senior counsel, and I had to spend extensive time and effort in dealing with some technical legal issues which were raised in the appeals. I am happy to say that the Administrative Appeals Board has validated the Commissioner's decisions in almost 90% of the appeals.

The public has become more aware of their data privacy rights. This is reflected in the substance of the complaints received by the PCPD. Complaints of a simple and straight forward nature have decreased while complaints involving grey areas of the law and complex issues are on the rise. My work has therefore become much more challenging.

Wilson Lee
Legal Counsel, Legal Division

Personal data privacy is no longer a novel concept these days. It is now faced with increasing challenges posed by technological development and the borderless flow of information on the Internet. In the reporting year, a comprehensive review of the Personal Data (Privacy) Ordinance was undertaken to ensure that protection of personal data privacy is adequate and to keep the provisions under the Ordinance up-to-date. Working towards these objectives, a number of legislative amendment proposals were delivered for Government's consideration. The proposed amendments aim at bringing about legislative revisions that properly address the reasonable privacy expectation of individuals. While respecting an individual's "right to be let alone", in proposing the amendments to the law, we do not lose sight of the existence of other public rights and interests in a society where "no man is an island".