What do the key amendments in the Personal Data (Privacy) (Amendment)Bill 2011 include?
The Hong Kong Government introduced the Personal Data (Privacy) (Amendment) Bill 2011 into the Legislative Council on July 13 2011.
Key Amendments in the Personal Data (Privacy) (Amendment) Bill 2011 include:
(i) New offences of disclosing personal data
It will be an offence for a person who obtains personal data from a data user without the data userís consent, and subsequently discloses the personal data with intent to obtain monetary gain or other benefits or to cause loss. A similar offence has been created where the data subject is caused psychological harm due to the disclosure of personal data. The penalties for both will be a fine of HK$1 million and imprisonment for five years.
(ii) Privacy Commissioner to provide legal assistance
There is a new provision which will empower the Privacy Commissioner to provide legal assistance to data subjects who intend to bring proceedings under the Personal Data (Privacy) Ordinance to seek compensation from data users.