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Asian Data Privacy LawsTrade & Human Rights Perspectives$
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Graham Greenleaf

Print publication date: 2014

Print ISBN-13: 9780199679669

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199679669.001.0001

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Hong Kong SAR—New Life for an Established Law

Hong Kong SAR—New Life for an Established Law

(p.78) (p.79) 4 Hong Kong SAR—New Life for an Established Law
Asian Data Privacy Laws

Graham Greenleaf

Oxford University Press

The focus of this chapter is on Hong Kong’s Personal Data (Privacy) Ordinance of 1995, the first comprehensive data privacy law in Asia. It sets out the context of a common law system with the constitutional protection of privacy through the Basic Law. The Ordinance also established Asia’s first data protection authority (DPA), the Privacy Commissioner for Personal Data (PCPD). The Ordinance is analysed in detail, drawing on the largest body of reported complaints, appeals, and judicial decisions in any Asian jurisdiction. It has been strengthened considerably by reforms in 2012. The chapter concludes that Hong Kong’s law includes principles stronger than the minimum international standards, and that since 2012 they are capable of being enforced more effectively, and that the system operates with a high level of transparency.

Keywords:   data protection, privacy, Asia, Hong Kong, China, Privacy Commissioner, data protection authority

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