1. The Privacy Commissioner for Personal Data (“the Commissioner”) Mr. Allan Chiang, had submitted his views on the Personal Data (Privacy) (Amendment) Bill 2011 ("the Amendment Bill") to the Administration and the Legislative Council’s Bills Committee.
2. After two rounds of public consultation and discussions on the various proposals for the review of the Personal Data (Privacy) Ordinance ("Ordinance"), the Administration published the "Report on Further Public Discussions on Review of the Personal Data (Privacy) Ordinance” in April 2011. On 8 July 2011, the Administration published the Amendment Bill in the Gazette setting out the details of the amendment to the Ordinance. The amendments provide greater protection to personal data privacy and enhance the effectiveness and efficiency of the operations of the Office of the Privacy Commissioner for Personal Data (“PCPD”). In particular, new requirements and offences will be introduced to regulate the collection, use and sale of personal data in direct marketing activities.
3. Mr. Chiang said, “We welcome the formation of the Bills Committee which met for the first time today. We appreciate that both the Administration and the Legislative Council have accorded high priority to this exercise and many of the proposals originally suggested by the PCPD to enhance personal data protection have been incorporated into the Amendment Bill. We believe that the Bills Committee will duly consider our views on the Amendment Bill and expeditiously review the Amendment Bill with a view to implementing the amendments at an early date for the better protection of personal data privacy.
4. “As set out in our submission, we are worried that certain amendments as they now stand will not meet the rising public expectation for better protection of personal data privacy, particularly as some of the proposals regarding collection, use and sale of personal data in direct marketing represent retrograde arrangements compared with the existing legislative regime. We trust these worries and anomalies will be appropriately addressed.” Mr. Chiang added.
5. A full version of the Commissioner’s submission can be accessed from the PCPD's website at: (www.pcpd.org.hk/english/files/review_ordinance/legco_paper_20111108_e.pdf).