With
the book-age on the brink of extinction and the internet-age developing
faster than a parrot can say "John Doe", a need has come
for the government to start governing the Internet in addition to
the crime-free streets. Thus, the forming of the PCO
(Office of the Privacy Commissioner) to look after
the privacy of the tens of thousands of teenagers that browse the
Web each day. Below are some of their objectives and the laws that
we have to obey to ensure a peaceful environment on the Net.
Objectives
The purpose of the Ordinance is to protect the privacy interests
of living individuals in relation to personal data. It also contributes
to Hong Kong's continued economic well being by safeguarding the
free flow of personal data to Hong Kong from restrictions by countries
that already have data protection laws.
Scope
of Coverage
The Ordinance covers any data relating directly or indirectly to
a living individual (data subject), from which it is practicable
to ascertain the identity of the individual and which are in a form
in which access or processing is practicable. It applies to any
person (data user) that controls the collection, holding, processing
or use of personal data.
Commencement
of Ordinance
The Ordinance was brought into force on 20th December 1996.
Implications
for Data Users and Data Subjects
Data users must follow the fair information practices stipulated
in the data protection principles in Schedule 1 of the Ordinance.
The
Ordinance gives rights to data subjects. They have the right to
confirm with data users whether their personal data are held, to
obtain a copy of such data, and to have personal data corrected.
Any charge for providing a copy of personal data to a data subject
may not be excessive. They may complain to the Privacy Commissioner
for Personal Data about a suspected breach of the Ordinance's requirements
and claim compensation for damage caused to them as a result of
a contravention of the Ordinance through civil proceedings.
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