Personal data privacy ordinance essay

Term Papers Tagged With: Personal information and data can be easily collected, accessed and transferred. It is important to safeguard the usage and collection of personal data as the business and technologies have been changing over time. Nevertheless, the PDPO came into force for more than 17 years, it is being overhauled that the inadequacy to deal with many privacy issues created by the development of the technology.

Personal data privacy ordinance essay

Personal data privacy ordinance essay

Direct Marketing Due to the public uproar over the sale by the Octopus Card management company of the personal data of millions of its clients to business partners through current technologies, a great portion of the amendments have targeted with this specific types of transfer of personal data and implemented stricter control regarding the sale of personal data for direct marketing.

Although the opt-out right of data subject remains the same, the replacement of section 34 imposed some mandatory requirements which personal data is to be transferred for direct marketing purposes. In addition, the data users are required to specific actions to inform and acquire consent from the data subjects for the intended use of personal data for direct marketing that were not specifically required before the amendment.

These newly added requirements comply with the Data Protection Principle 1 DPP1 which requires the data subject must be given reasons for the collection of the data and Data Protection Principle 3 DPP3 that requires the need of consent to the use of personal data.

I understand the increment of the penalty as the previous fine did not serve a effective deterred effect, especially to big companies for which such a penalty is a mere trifle.

Similarly, British Gas Trading v Data Protection Registrar had put the burden to the consumers again and it was held that the customers had to positively inform British Gas if their consent to the significant change of use in relation to their personal data. Legislator James To said many people did not have time to read the small print on forms or ignored direct mail and emails.

He further questioned if it is fair to presume we are very pleased to allow company to use our personal data. Powers of the Privacy Commissioner and new offences Before the amendment of the Ordinance, it has always been criticised that it has no teeth and there was not much power by the Privacy Commissioner.

The Commissioner was only empowered to investigate and issue enforcement notices when parties had breach the data protection principles. The former Commissioner, Roderick Woo, had pointed out that the powers of the Commissioner needed to be strengthen that would allow the Commissioner to carry out criminal investigation and prosecution.

He also raised the point of providing legal assistance to the grieved data subjects. The amendment had incorporated his suggestions in s 64 and s 66 of PDPO.

Moreover, the period of time for laying information before the court has been increased from six months to two years which allows the Commissioner to have sufficient time to investigate and refer cases for prosecution if suitable.

Apart from authorizing greater power to the Privacy Commissioner, the penalties for the amended Ordinance have generally been raised. The new s 64 of the PDPO stipulates that anyone who discloses personal data of a data subject obtained from a data user without its consent and with intent to obtain gain from it, or loss to the data subject is an offence.

It is also an offence if the unauthorized disclosure causes psychological harm to the data subject. The new ower of the Privacy Commissioner and the new offences will definitely serve a sufficient deterrence especially to the big companies that had breached the data protection principles before by the use and transfer of personal data in the digital world.

It brings out two issues, i the cross-jurisdiction issue, and ii the enforcement issue against data processor. Since s 33 of the PDPO is not yet in force, the data processors who are operating outside of Hong Kong and received the data via the digital platform are not specifically regulated under the PDPO.

It is more like a self-regulating requirement. The incidents of leaking or losing personal data during transfer of data by various government departments, either from the internet or lose of USB have been continued to occur.

However, the Commissioner was unable to do much to the data processors. It is more efficient if there are specific guidelines or policies to be introduced in the PDPO to deal with these problems.

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Conclusion In conclusion, the amendments of the PDPO have generally targeted to control the abuse use and transfer of personal data in the direct marketing industry especially when it is easier to transfer and obtain data in the digital world today. By introducing more requirements to the use and transfer of personal data and allowing more power to the Privacy Commissioner, it will logically reduce the breach of the PDPO by the data user.

Also, the raise of penalties and new offences will significantly serve the deterrent effect of he breach of the PDPO. However, I think a more stringent approach can be adopted i.

Right of privacy under Hong Kong’s current laws Essay – Free Papers and Essays Examples

Furthermore, the cross-jurisdiction transfer of personal data has not been addressed in the amendment. In the fast growing digital world, it is important that the PDPO keeps up with the change of the technologies in order to protect the privacy of the individuals.

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The fact that through the internet it is easy to embarrass, hurt, and shame people makes the existence of technologies more risky to people’s privacy and personal security (JWT, ).

At some point, privacy can survive in the Digital Age with the help of technologies itself.

The Ordinance at a Glance

privacy and personal data protection in the malaysian communications sector — existing in a void? PK Yong Advocate and Solicitor LLM (Information Technology and Telecommunications Law) Introduction. According to the latest data from the Bulgarian Commission for Protection of Personal Data, in a huge increase in the number of claims for privacy violation has been registered.

Section Page Part 3 Codes of Practice Approval of codes of practice by Commissioner Use of approved codes of practice in proceedings under this Ordinance. The PD(P)O protects a person's personal data9 subjected to six Data Protection Principles (DPPs)10, which state the requirements on the collection, accuracy, use, disclosure and security of personal data against interference with private, family home life and physical freedom, disclosure of embarrassing private facts like name and identity and.

The Personal Data (Privacy) Ordinance and Octopus Card System | Free Essays -