Government Acknowledges Inadequate Privacy Laws

06 November 2009, filed under Ecommerce

In a recent interview the Hong Kong government said that their data protection laws should mirror those of the member states of the EU, despite the fact the Hong Kong government and privacy office have refused to undertake the necessary steps to achieve better data protection for the residents and businesses of Hong Kong.

The Constitutional and Mainland Affairs Bureau (CMAB) oversees the laws of Hong Kong and is responsible for liaising with the Chinese government. The CMAB have made several suggestions for reform as an important provision contained in Hong Kong’s privacy laws (section 33 of the Personal Data (Privacy) Ordinance) has been waiting to be enacted for the past 14 years. This provision has been awaiting enactment since 1995 when it was first placed on the statute books.

Section 33 restricts the transfer of personal data from Hong Kong to any other country that does not have a data protection system in place. The result of this is that personal data and information can be leaked to China, who can then sell the information on to other countries on the black market. In China, data has no protection at all and so will breach Hong Kong’s privacy laws, and so an ever increasing cycle continues. Privacy and data protection laws ate long established in European countries, as well as Australia, Canada and the United States.

The European Commission keeps a record of countries whose laws are considered to be adequate and functional. At present, Hong Kong is not on that list.

The government of Hong Kong has long argued that the country is not ready for the enactment of section 33 due to the burden such a law could place on Hong Kong’s commerce, however such an enactment could protect the countries residents.

The Hong Kong government needs to amend section 33 so that is can be brought into force. The benefit of enacting this provision will enable data to flow securely to and from Hong Kong which could improve Hong Kong’s commerce as other countries may be increasingly willing to participate in a commercial relationship with the country. The increased assurance in transferring data to Hong Kong could further benefit the world economy in the current financial climate.