An evaluation of personal data protection in Hong Kong Special Administrative Region (1995–2012)

Author: Anne Cheung

In: International Data Privacy Law, Oxford University Press, 2012, v. 2012, p. 1-13.

Abstract:

In 1995, the Hong Kong Special Administrative Region (Hong Kong) was the first jurisdiction in East Asia to enact a comprehensive piece of legislation for the protection of personal data privacy.

As a result, Hong Kong has now long moved on from the pioneering phase to the present juncture of reform, and in June 2012, the Personal Data (Privacy) (Amendment) Ordinance (the Amendment Ordinance) was passed by the Legislative Council.

Through a study of complaint statistics before the Privacy Commissioner and the Administrative Appeals Board, together with an analysis of cases brought before courts between 1996 and 2011, this article identifies additional valid concerns among the Hong Kong public with regard to direct marketing.

Furthermore, the article examines just how much, over a number of years, the regulatory and judicial bodies have been responding to and shaping the expectation of Hong Kong citizens on personal data protection.

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