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CONFIDENTIAL #B
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(b)
(c)
(a)
(e)
(f)
(g)
Legislation in this context would be justified only if it would further or protect Hong Kong's economic well-being, or the confidentiality of computerized personal data was being seriously abused in Hong Kong.
The Working Group has no evidence to suggest that the confidentiality of computerized personal data is presently being seriously abused in Hong Kong.
No threat of denial of trans-border data flow has yet been made. This matter is discussed in detail in paragraph 20.
The establishment and staffing of a statutory body would be costly. If it were thought that such a separate independent body was absolutely necessary, the Consumer Council's powers could be slightly modified to enable that Council to perform the function.
Any statutory body created by the legislation would be seen by the private sector and any private individual owning a personal computer as infringing on their freedom. The protection of the personal data of some could be seen as unnecessarily destroying the freedom of others.
It
The need for legislation has not yet been demonstrated. Hasty legislation in the absence of necessity was inadvisable in this context. would be preferable to see how the legislation of other countries, including the United Kingdom, worked in practice, before plunging into legislation in Hong Kong. Later, it may become clear that stronger or different legislation is needed or alternatively that no legislation is needed at all.
Trans-border Data Flow
20.
In 1984, the United Kingdom enacted the Data Protection Act which regulates and disciplines data users and computer bureaux. A Data Protection Registry was also set up for this purpose. In Europe, some member states of the Council of Europe signed in 1981 the Council of Europe Convention for the protection of individuals with regard to automatic processing of personal data. The main considerations of the Convention are, in the interest of greater unity between member states, to extend the safeguards for everyone's rights and fundamental freedom, and to recognise the necessity to reconcile the fundamental values of the respect for privacy and the free
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