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PCPD 2008-2009 Annual Report

Legal Work

Message from Legal Counsel

Joining the PCPD as Legal Counsel has given me new challenges.

The major challenge is the review of the Personal Data (Privacy) Ordinance. My duties as Legal Counsel in this aspect include providing support to the PCPD's internal working group on Ordinance review, formulating review proposals to the Government, conducting legal researches to keep track of the overseas privacy development that is relevant to the proposals, supplying research materials to the Government and answering to their enquiries. Given the extensive scope and unprecedented nature of the Ordinance review, the work involved is enormous. Amongst all, one of the most difficult parts is to balance data privacy protection with other social interests so as to formulate proposals that best suit the public.

Apart from the Ordinance review, I handle appeals lodged by complainants who are not satisfied with the decisions of the Commissioner in refusing to mount full investigation after thoroughly considered the issues involved. It is also my duties to advise on legal issues arising from data privacy complaints and compliance, comment on proposed legislations which have an impact on data protection and compare overseas data privacy legislations. Furthermore, I give talk on the legal issues arising from appeal cases decided by the Administrative Appeals Board in seminars organized by the PCPD for different public sectors.

With the kick off of the consultation exercise on the Ordinance review, I expect more challenges to come in the year ahead.

Sandra Liu
Legal Counsel, Legal Division

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