Hong Kong passes Personal Data (Privacy) (Amendment) Bill

The Hong Kong Legislative Council has passed the Personal Data (Privacy) Amendment Bill.

Key points:

• introduces new obligations on the use of an individual's personal data in direct marketing
• introduces new obligations on the transfer and sale of personal data to third parties
• empowers the Hong Kong Privacy Commissioner to provide legal assistance to individuals to seek compensation from companies/organisations if there is a breach of the Personal Data Protection Ordinance.
• empowers the Privacy Commissioner to verify accuracy of data user returns
• imposes heavier penalties for repeated contraventions of enforcement notices and a new penalty for repeated contravention of requirements under the Personal Data (Privacy) Ordinance where enforcement notices have been served 
• introduces new exemptions (e.g. processing arising from due diligence, emergency situations).

Click here for the Personal Data (Privacy) (Amendment) Bill.


UPDATE: I forgot to add that the amendments will not come into effect immediately. According to the Privacy Commissioner, the new provisions "will commence operation in phases". The provisions which empower the Commissioner to provide legal assistance to individuals to seek compensation from companies will come into effect in early 2013. The provisions relating to the use of an individual's personal data for direct marketing purposes will also come into effect in 2013. So, stay tuned.