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Amendments 2012

Amendment 2012

The PCPD's input in the legislative process

Before 2009
An internal Ordinance Review Working Group was formed in June 2006.

In December 2007, a comprehensive package of over 50 amendment proposals was submitted to the Constitutional and Mainland Affairs Bureau ("CMAB"). (Please see the details in Annex – PCPD’s proposals to amend the Personal Data (Privacy) Ordinance)
2009
Apr-Dec The Government issued the Consultation Document and the leaflet to seek views from the public on various proposals to amend the Personal Data (Privacy) Ordinance.

For the consultation exercise, the PCPD prepared and submitted the following documents:-

  1. Information Paper on Review of the Personal Data (Privacy) Ordinance
  2. Paper for the Special meeting of Legistlative Council Panel on Constitutional Affairs
  3. Submissions to Consultation Document on Review of the Personal Data (Privacy) Ordinance

to present a number of amendment proposals and issues of privacy concern.
2010
Oct The Government released the Report on Public Consultation on Review of the Personal Data (Privacy) Ordinance and its highlights setting out the views received and the Administration's proposed way forward on various proposals.

The PCPD conducted two surveys to gauge public views on the review of the Personal Data (Privacy) Ordinance.
Nov The PCPD prepared a paper for the Special meeting of Legislative Council Panel on Constitutional Affairs to specify areas of difference in views between the Administration and the PCPD.
Dec In response to the Report on Public Consultation on Review of the Personal Data (Privacy) Ordinance, the PCPD submitted to the Government a paper titled “PCPD's Submission in response to Report on Public Consultation on Review of the Personal Data (Privacy) Ordinance”, setting out PCPD’s point of views on various proposals.
2011
Apr After two rounds of public consultations and discussions on the various proposals for the review of the Ordinance, the Government published the Report on Further Public Discussions on Review of the Personal Data (Privacy) Ordinance.
May The PCPD made a detailed submission to the Govenment in response to the Report on Further Public Discussions on Review of the Personal Data (Privacy) Ordinance.
Jul The Government gazetted the Personal Data (Privacy) (Amendment) Bill 2011 (“Amendment Bill”). The PCPD engaged in full-swing preparation for the legislation.
Oct A Bills Committee in the Legislative Council was formed to scrutinise the Amendment Bill.
Nov-Dec The PCPD closely followed the discussion in the Bills Committee and made representations (Document 1, 2 & 3) to amend some retrograde provisions in the bill.
2012
Feb In light of the concerns expressed by the PCPD and other stakeholders, the Government proposed changes to the bill relating to the regulatory regime on the use of personal data in direct marketing and the provision of personal data to a third party for use in direct marketing as outlined in LC Paper No. CB(2)1169/11-12(01).
Apr-May The Commissioner attended the Bills Committee meeting on 23 April 2012 and presented his major concerns on specific clauses of the Amendment Bill, relating to the regulation of the use of personal data for direct marketing purposes.

Three follow-up submissions or presentations (Document 1, 2 & 3) were made to the Bills Committee to explain the Commissioner’s concerns and disagreement on specific clauses, including the following recommendations:

(1) to require data users to notify data subjects in writing of the intention to transfer their personal data to third parties for direct marketing, and obtain from them a written response;

(2) to impose a cut-off date before new requirements enter into force, after which the data user cannot seek coverage under the grandfathering arrangement; and

(3) to give data subjects the right to be informed of the source of their personal data by direct marketers.
Jun The revised Amendment Bill was passed by the Legislative Council on 27 June 2012.
Sep-Oct The Amendment Ordinance was introduced in two phases; the majority of the new provisions took effect on 1 October 2012.

The PCPD issued information leaflets and launched a video to explain the new provisions.
2013
Jan The PCPD issued a Guidance Note and a leaflet on the new provisions on direct marketing.
Apr The amended provisions relating to Direct Marketing and Legal Assistance took effect on 1 April 2013.

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Amended Ordinance 2012

Know about Changes Brought by the Amendment Ordinance