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Personal Data (Privacy) Law in Hong Kong - A Practical Guide on Compliance (Paperback, 2nd Revised edition)
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Personal Data (Privacy) Law in Hong Kong - A Practical Guide on Compliance (Paperback, 2nd Revised edition)
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The idea of a right to privacy, which arose in reaction to the
rapid rise of newspapers, instant photography and the ""paparazzi""
of the 19th century, has evolved into a constitutional right in
much of the developed world. It is enshrined in Hong Kong through
Articles 28, 29, 30 and 39 of the Basic Law. Hong Kong stands proud
as the first jurisdiction in Asia to enact legislation to safeguard
personal data in the form of the Personal Data (Privacy) Ordinance,
Cap 486 (""the Ordinance"") which came into force in 1996. At its
centre are the six Data Protection Principles based on the 1980
OECD Guidelines. The office of the Privacy Commissioner for
Personal Data was created under this legislation to provide
oversight and ensure compliance. The Octopus scandal in mid-2010
eventually led to substantial changes being made to the Ordinance
that were enacted in 2021 and 2013, the main amendments being the
Direct Marketing provisions and the provision of legal assistance
and representation to aggrieved persons. In this digital age, the
Ordinance is proving to be the main safeguard of our privacy
rights. The Data Protection Principles seek to create broad common
principles based on fairness that apply to the public and private
sectors. The passage of twenty years since the enactment of the
Ordinance has given rise to a substantial body of case law and
adminstrative decisions on these principles and the other
provisions of the Ordinance. The new amendments have already been
the subject of judicial scrutiny. This publication, which replaces
its predecessor, has the dual aim of becoming a practitioner's
guide on the important subject of personal data privacy,
containing, as it does, a detailed exposition of the principles and
provisions in the Ordinance and a comprehensive source of reference
materials, and of enabling the Privacy Commissioner to discharge
his major duty to promote awareness and understanding of the
Ordinance. The second edition includes not only a full discussion
of these principles, but also summaries of all the seminal cases
and Administrative Appeals Board rulings in this area, as well as a
comprehensive list of all the pertinent cases.
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