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Office of the Privacy Commissionerfor Personal DataHong Kong SAR

Tony LAM

Deputy Privacy Commissioner for Personal Data

Asian Personal Data Privacy ForumMarch 27 2001

Privacy Commissioner’s Office, Hong Kong SAR

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Functions of the Privacy Commissioner

• Independent authority established to monitor & supervise compliance with the provisions of the Personal Data (Privacy) Ordinance

• Approve & issue codes of practice• Promote awareness and understanding of, and

compliance with, the provisions of the Ordinance• Investigate, upon receipt of complaints, or on his own

initiative, suspected breaches of requirements of the Ordinance

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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 living individuals

• Govern private sector and public sector

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The Personal Data (Privacy) Ordinance

• Protecting the privacy interests of living individuals in relation to personal data

• Contributing to Hong Kong’s continued economic well being by safeguarding the free flow of personal data to Hong Kong by countries that already have data protection laws

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Data Protection Principles

• DPP1 - Purpose and Manner of collection

• DPP2 - Accuracy & Retention of data

• DPP3 - Use Limitation

• DPP4 - Security safeguards

• DPP5 - Openness of Privacy Policy

• DPP6 - Data Access & Correction Requests

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Privacy Commissioner’s Office

Mission Statement

To ensure the protection of privacy of the individual with respect to personal data through promotion, monitoring and supervision of compliance with the Personal Data (Privacy) Ordinance in a cost effective and efficient manner

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Strategic Guidance

• Annual Survey• Contemporary practices• Enquiries and complaints

• Privacy issues in other jurisdictions• Technology trends• Privacy solutions (private and public

sector initiatives)

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7.37 7.25 6.797.26

7.638.108.21

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1

2

3

4

5

6

7

8

9

10

Air pollution Un-employment PRIVACY Food hygiene Health services Care for theelderly

Sexdiscrimination

Mean value of responses

1997

1998

1999

2000

0 = no t impo rtant at all10 = very impo rtant

Hong Kong 2000 Community Opinion SurveyImportance of social policy issues in Hong Kong

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0.6

80.0

4.514.9

0

10

20

30

40

50

60

70

80

90

Strongly Agree Agree Disagree Strongly Disagree

Percentage of responses

The PCO has increased the community awarenessof personal data privacy issues

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Enquiry Statistics

27%

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Complaint Statistics

28%38%

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Compliance Enforcement

• Inspection methodology

• Compliance checks– proactive approach– recommendations to promote compliance

• Compliance self-assessment– voluntary self-checking by data users– compliance assessment kit - checklists, guidance

& training materials

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Promoting Compliance - Code of Practice

• Hong Kong Identity Card 1998

• Consumer Credit Data 1999

• Human Resource Management 2000

• Workplace Surveillance 2001

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Privacy & Technology solutions

• Smart card technology– Electronic ID card, Hospital health card,

Personalised Octopus card

• Internet and e-commerce– Digital certificate, Electronic Services Delivery

• Surveillance monitoring technology– Fingerscan system, use of CCTV, DNA databases– Electronic Road Pricing

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Hong Kong 2000 Community Opinion SurveyLong term benefits of the Ordinance: Strongly agree / agree