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The Tenth International World Wide Web Conference May 1 - 5, 2001, Hong Kong

Personal Data (Privacy) Ordinance Hong Kong by Stephen Lau Privacy Commissioner for Personal Data Hong Kong SAR. The Tenth International World Wide Web Conference May 1 - 5, 2001, Hong Kong Hong Kong Convention & Exhibition Centre. 2. Hong Kong Objectives of Personal Data (Privacy) Ordinance.

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The Tenth International World Wide Web Conference May 1 - 5, 2001, Hong Kong

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  1. Personal Data (Privacy) OrdinanceHong KongbyStephen LauPrivacy Commissioner for Personal DataHong Kong SAR The Tenth International World Wide Web Conference May 1 - 5, 2001, Hong Kong Hong Kong Convention & Exhibition Centre

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  3. Hong KongObjectives ofPersonal Data (Privacy) Ordinance • to protect the individual’s right to privacy with respect to personal data • to safeguard the free flow of personal data to Hong Kong from restrictions by countries that already have data protection laws 3

  4. The Personal Data (Privacy) Ordinance • Enacted 3 August 1995 • Commenced operation 20 December 1996 • Based on internationally accepted data protection principles • Apply to personal data of individuals • Govern private sector and public sector • Established the Privacy Commissioner’s Office 4

  5. Data Protection Principles Principle 1 - Purpose and manner of collection - • this provides for the lawful and fair collection of personal data and sets out the information a data user must give to a data subject when collecting personal data from the subject. Principle 2 - Accuracy and duration of retention - • this provides that personal data should be accurate, up-to-date and kept no longer than necessary. 5

  6. Data Protection Principles Principle 3 - Use of personal data - • this provides that unless the data subject gives consent otherwise personal data should be used for the purposes for which they were collected or a directly related purpose. Principle 4 - Security of personal data - • this requires appropriate security measures to be applied to personal data (including data in a form in which access to or processing of the data is not practicable). 6

  7. Data Protection Principles Principle 5 - Information to be generally available - • this provides for openness by data users about the kinds of personal data they hold and the main purposes for which personal data are used. Principle 6 - Access to personal data - • this provides for data subjects to have rights of access to and correction of their personal data. 7

  8. Data Privacy Complaints in Hong Kong 8

  9. Code of Practice • Hong Kong Identity Card 1998 • Consumer Credit Data 1999 • Human Resource Management 2000 • Workplace Surveillance 2001 9

  10. Internet-Related • Privacy guidelines for users 1998 • Privacy guidelines for websites 1998 • Privacy policy and purposes statements 1999 • Spamming Code (HK ISP Association) 2000 • e-Privacy for e-commerce 2001 10

  11. BENEFITS OF COMPLIANCE Better record management & information systems practices Improved customer relations Improved employee relations More effective planning More effective operations 11

  12. Hong Kong 2000 Community Opinion Survey Long term benefits of the Ordinance: Strongly agree / agree 12

  13. Privacy Commissioner for Personal DataHong Kong SAR Website: http://www.pco.org.hk 13

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