PCPD - PCPD 2003-2004 Annual Report

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Annual Report

Supervising Compliance

Review of Proposed Legislation

By virtue of section 8(1)(d) of the PD(P)O, the Privacy Commissioner is required to examine any proposed legislation that he considers may affect the privacy of individuals in relation to personal data, and to report the results of his examination to the person proposing the legislation. To enable the Privacy Commissioner to carry out this function, all Policy Bureaux of the Hong Kong SAR Government have been asked to ensure that legislative proposals that may affect privacy in relation to personal data are notified to the PCPD at an early stage. In addition, the Legal Division of the PCPD will review all Bills published in the Government Gazette for possible data privacy implications on which comments may be required.

During the reporting period, the PCPD raised enquiries or made comments on 19 pieces of proposed legislation as listed in Part A of Appendix II. Summaries of the PCPD's comments on some of the proposed legislation are given in Part B of Appendix II.

Review of the Personal Data (Privacy) Ordinance

During the reporting period, no legislative slot could be secured with the Legislative Council regarding the Personal Data (Privacy) Amendment Bill though the Privacy Commissioner has every intention to have the Amendment Bill passed as soon as practicable. The aim of the Amendment Bill is to address some of the practical difficulties encountered by the PCPD in the application of certain provisions of the PD(P)O with a view to enhancing its overall effectiveness. The Amendment Bill touches more on the "technical" side of the PD(P)O while more substantial amendments are agenda for further possible amendments.

Notes on the PCPD's Interpretation of the PD(P)O

The aim for publishing the booklet is to give practical guidance on the major provisions of the PD(P)O as consistently applied by the Privacy Commissioner in discharge of his regulatory functions. Although the Privacy Commissioner is not empowered to give any definitive interpretation to the provisions of the PD(P)O, the booklet will contain the regulatory philosophy and operational stance of the PCPD developed and matured over time.

The preparation work for the booklet "An Analysis of the Core Provisions of the Personal Data (Privacy) Ordinance" was in progress during the reporting period.

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