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 2012 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 administrative 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.

• 目錄
• Preface (Stephen Kai-yi WONG)
• Preface (Guobin ZHU)
• Acknowledgments
• Part 1 Introduction
  • Chapter 1 Introduction
• Part 2 Definitions
  • Chapter 2 The Meaning of “Personal Data”
  • Chapter 3 The Meaning of “Collect”
  • Chapter 4 The Meaning of “Data User”
• Part 3 Data Protection Principles under Schedule 1 of the Ordinance
  • Chapter 5 Data Protection Principle 1
  • Chapter 6 Data Protection Principle 2
  • Chapter 7 Data Protection Principle 3
  • Chapter 8 Data Protection Principle 4
  • Chapter 9 Data Protection Principle 5
  • Chapter 10 Data Protection Principle 6(a) to (d) and the Data Access Provisions in Part 5
  • Chapter 11 Data Protection Principle 6(e) to (g) and the Data Correction Provisions in Part 5
• Part 4 Selected Provisions of the Ordinance
  • Chapter 12 Exemption Provisions in Part 8
  • Chapter 13 The Commissioner’s Statutory Duties in Investigations
  • Chapter 14 Data Breach Handling and Notifications
  • Chapter 15 Criminal Offences
• Part 5 Appendices
  • Appendix I Full text of the Personal Data (Privacy) Ordinance (Cap 486)
  • Appendix II The Codes of Practice Issued by the Commissioner under Section 12 of the Ordinance
  • Appendix III Selected Case Notes on Court Judgments
  • Appendix IV Selected Case Notes on Administrative Appeals Board Decisions
  • Appendix V Comparative table of the PDPO and the GDPR
  • Appendix VI Checklist for Data Users in Ensuring Compliance with the Ordinance
  • Appendix VII Data Subject’s Rights When His Personal Data Privacy Interest is Infringed
  • Appendix VIII List of Publications of the Commissioner
• Part 6 Bibliography
  • Index
  • List of Court Cases and Administrative Appeals Board Decisions