Privacy Commissioner Calls for Urgent Privacy Law Reform While Addressing Business Concerns

Urgent Privacy Law Reform in Hong Kong

Privacy Commissioner Ada Chung Lai-ling has called for urgent reform of the Personal Data (Privacy) Ordinance to empower authorities against data breaches. Despite this, Secretary for Constitutional and Mainland Affairs Erick Tsang stated that concerns about the impact on small businesses have put a halt to major reforms.

Major Changes Suggested

• Empowering the privacy watchdog to impose administrative fines!
• Mandatory reporting of data breach incidents!
• Implementation of data retention policies!

Chung pointed out that the law has not seen any changes in penalties over the past 28 years. The discussions highlight the balance needed between enhancing privacy protections and not burdening businesses, particularly amid a lukewarm economic climate.

Business Impact and Future Steps

Tsang acknowledged the feedback from stakeholders, indicating that a piecemeal approach might be more acceptable to ensure that businesses, especially small and nano enterprises, can comply without facing undue financial pressure. The importance of taking careful steps toward reform was emphasized, particularly after the city faced a surge of data breach incidents.

The conversation around privacy law reform continues, with promises of reviewing stakeholders' feedback and possibly implementing smaller changes before larger updates. The Legislative Council is awaiting further updates on concrete proposals from the government.