News & Insights

Highlights of the Personal Data (Privacy) (Amendment) Bill 2011

On 13 July 2011, the Personal Data (Privacy) (Amendment) Bill 2011 (the "Bill") was first read in the Legislative Council. No date has been fixed for the further readings of the Bill.

A number of amendments have been proposed in the Bill to the Personal Data (Privacy) Ordinance including, among others, imposing restrictions on the sale of personal data and on the provision and use of personal data in direct marketing by data users. The aforesaid may not have direct impact on data users in the capacity as employers.

In this report, we will highlight the proposed changes that are more likely to have an impact on employers as data users.

1. Data Protection Principle ("DPP") 1

As a result of the amendments, the person from whom personal data are to be collected (e.g. job applicants) may be provided with the job title (instead of the name) of the individual who is to handle a request for access to and correction of personal data.

2. DPP 2 and DPP 4

Amendments may be made to DDP 2 and DDP 4 such that if a data user engages a data processor to process personal data on its behalf, the data user must adopt contractual or other means to prevent any personal data transferred to the data processor from being kept longer than is necessary for the processing of the data, unauthorized access, processing, erasure, loss or use of the data transferred to the data processor.

We will provide further when there are any updates to the Bill.

Key Contacts

Cynthia Chung

Partner | Corporate Commercial | Employment and Pensions

Email or call +852 2825 9297

Related Services and Sectors:

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