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PCPD's Submission in response to Report on Public Consultation on Review of the Personal Data (Privacy) Ordinance

 


Date: 31 December 2010
PCPD's Submission in response to Report on Public Consultation on Review of the Personal Data (Privacy) Ordinance

1.    The Privacy Commissioner for Personal Data (“the Commissioner”) Mr. Allan Chiang made a submission to the Administration today in response to the “Report on Public Consultation on Review of the Personal Data (Privacy) Ordinance” (“the Consultation Report”) issued by the Constitutional and Mainland Affairs Bureau (“CMAB”) on 18 October 2010.

2.    “I am pleased to note that the Administration intends to pursue many of the proposals that the Office of the Privacy Commissioner for Personal Data (“PCPD”) submitted earlier with a view to providing greater protection to personal data privacy, and enhancing the effectiveness and efficiency of PCPD’s operations.  However, I am concerned that some of the key proposals submitted by PCPD earlier to step up protection of personal data privacy would not be pursued or taken forward by the Administration and the differences in view between the Administration and PCPD are significant.” Mr. Chiang said.

3.    “It is worth noting that, except for the proposals connected with the use of personal data for direct marketing purposes, the Administration’s conclusions in the Consultation Report are largely based on the public and stakeholders’ views collected more than a year ago.  To me, it is obvious that public demand and support are, after the Octopus incident, overwhelming for greater personal data protection and strengthening of PCPD’s sanctioning powers.  To meet the public’s rising expectations and to align Hong Kong’s data protection regime with international standards, I am of the view that the PCPD’s proposals shelved by the Administration should be resurrected.  At least, they should be presented anew to the public for reconsideration.” Mr. Chiang added.

4.    The Commissioner recognizes that some of the shelved proposals are controversial, such as the granting of criminal investigation and prosecution power to the PCPD.  In this regard, it is expected that the debate will continue at LegCo and other forums and it is hoped that the Administration will come up with a solution which will best meet the interests of the community.

5.    To encourage different stakeholders and members of the public to give their views and opinions in this connection on the review of the Ordinance, the PCPD has embarked on a short but intensive public engagement exercise with the Commissioner and his team meeting with stakeholders and interested parties as far and as much as practicable. The opportunity was taken to explain, in particular, the PCPD’s stance on and the justifications for some major PCPD’s proposals on which its view and that of the Administration is significantly different in whether or not they are worthy of pursuing.  PCPD attended a total of 41 public forums and meetings with interested parties for this purpose in the two-month consultation period.

6.    The PCPD has made an attempt to ascertain the level of public and stakeholders’ sentiment and support to some of the PCPD’s proposals shelved by the Administration, namely,

(1)    to set up a territory-wide Do-not-call Register for person-to-person telemarketing calls,
(2)    to afford a higher protection to “Sensitive Personal Data”,
(3)    to empower the PCPD to award compensation to aggrieved data subjects, and
(4)    to empower the PCPD to impose monetary penalty on serious contravention of Data Protection Principles.

A questionnaire was sent to the parties and individuals who had made submissions to the Administration in the previous consultation exercise or had approached the PCPD and expressed their concerns during the recent consultation exercise.  An on-line survey was also launched from 8 to 28 December 2010 to facilitate public response.

7.    “Due to time and resource constraints, the PCPD accepts that there are limits in the surveys hence the results.  One may, however, conclude from the surveys that the majority view supports the setting up of a territory-wide Do-not-call Register for person-to-person telemarketing calls and affording greater protection for sensitive personal data.  Over 50% of those in support consider that information concerning sex life and health condition, as well as biometric data, should be classified as sensitive personal data and given greater protection.  It may also be concluded from the results of the surveys that the number of people supporting and objecting the empowering of the PCPD to award compensation to aggrieved data subjects and to impose monetary penalty on serious contravention of Data Protection Principles are more or less the same.  These findings should serve as useful references for the public and the Administration to seriously consider resurrecting PCPD’s proposals in the legislative amendment exercise.” Mr. Chiang concluded.

8.    PCPD’s submission has been uploaded to PCPD’s website (http://www.pcpd.org.hk/english/files/review_ordinance/PCPD_submission_311210.pdf) for public information.


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