1 Office of the Privacy Commissioner for Personal Data Hong Kong SAR Tony LAM Deputy Privacy Commissioner for Personal Data Asian Personal Data Privacy.

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Presentation transcript:

1 Office of the Privacy Commissioner for Personal Data Hong Kong SAR Tony LAM Deputy Privacy Commissioner for Personal Data Asian Personal Data Privacy Forum March Privacy Commissioner’s Office, Hong Kong SAR

2 Functions of the Privacy Commissioner Independent authority established to monitor & supervise compliance with the provisions of the Personal Data (Privacy) Ordinance Approve & issue codes of practice Promote awareness and understanding of, and compliance with, the provisions of the Ordinance Investigate, upon receipt of complaints, or on his own initiative, suspected breaches of requirements of the Ordinance

3 The Personal Data (Privacy) Ordinance Enacted 3 August 1995 Commenced operation 20 December 1996 Based on internationally accepted data protection principles Apply to personal data of living individuals Govern private sector and public sector

4 The Personal Data (Privacy) Ordinance Protecting the privacy interests of living individuals in relation to personal data Contributing to Hong Kong’s continued economic well being by safeguarding the free flow of personal data to Hong Kong by countries that already have data protection laws

5 Data Protection Principles DPP1 - Purpose and Manner of collection DPP2 - Accuracy & Retention of data DPP3 - Use Limitation DPP4 - Security safeguards DPP5 - Openness of Privacy Policy DPP6 - Data Access & Correction Requests

6 Privacy Commissioner’s Office Mission Statement To ensure the protection of privacy of the individual with respect to personal data through promotion, monitoring and supervision of compliance with the Personal Data (Privacy) Ordinance in a cost effective and efficient manner

7 Strategic Guidance Annual Survey Contemporary practices Enquiries and complaints Privacy issues in other jurisdictions Technology trends Privacy solutions (private and public sector initiatives)

8 Hong Kong 2000 Community Opinion Survey Importance of social policy issues in Hong Kong

9 The PCO has increased the community awareness of personal data privacy issues

10 Enquiry Statistics 27%

11 Complaint Statistics 28%38%

12 Compliance Enforcement Inspection methodology Compliance checks –proactive approach –recommendations to promote compliance Compliance self-assessment –voluntary self-checking by data users –compliance assessment kit - checklists, guidance & training materials

13 Promoting Compliance - Code of Practice Hong Kong Identity Card1998 Consumer Credit Data1999 Human Resource Management2000 Workplace Surveillance2001

14 Privacy & Technology solutions Smart card technology –Electronic ID card, Hospital health card, Personalised Octopus card Internet and e-commerce –Digital certificate, Electronic Services Delivery Surveillance monitoring technology –Fingerscan system, use of CCTV, DNA databases –Electronic Road Pricing

15 Hong Kong 2000 Community Opinion Survey Long term benefits of the Ordinance: Strongly agree / agree