Day: October 16, 2024

Personal data privacy is a fundamental right under Hong Kong’s Bill of Rights, enumerated as such in Article 20. No individual shall be subjected to any arbitrary interference with his private life, family life, home life, correspondence or property; nor unlawful attacks against their honor and reputation. As part of their efforts to safeguard individuals’ privacy rights the Hong Kong SAR government enacted the Personal Data (Privacy) Ordinance to safeguard this right and requires data users comply with specific laws and codes of practice when collecting or using individuals’ personal data.

The Office of the Privacy Commissioner for Personal Data (PCPD) is an institution responsible for overseeing compliance with regulations and codes related to data protection. As part of its mandate, PCPD engages in outreach and education activities designed to raise awareness about data protection as well as promote compliance with PDPO regulations. In addition to these responsibilities, it plays an essential role within Asia-Pacific privacy communities by participating in regional and international forums.

As a response to recent controversy surrounding the Octopus case, PCPD has called for greater protections for individuals and increased compliance measures for companies collecting data. In particular, they want a broader definition of personal data than what is currently outlined under PDPO – for instance even an individual’s name, HKID number and date of birth could constitute personal information; additionally staff cards which feature employee details like name, company name, photograph and employee number likely constitute personal data, so collection should comply with PDPO standards.

While the PCPD has a clear mandate to promote and enforce compliance with the PDPO, its mission presents numerous obstacles. It must balance its responsibility against businesses facing increasing pressure to compete globally while keeping up with technological advancements; so it is crucial that it receives sufficient resources in order to remain up-to-date in meeting this challenge. In addition to strengthening outreach and education activities, additional funds should be devoted for enforcement activities by increasing its enforcement budget.