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WEDNESDAY, MAY 10, 1989
AS THIS WAS LIKELY TO BE A LENGTHY AND COMPLEX PROCESS, IT WAS DECIDED THAT IN THE INTERIM A DATA PROTECTION CODE OF PRACTICE SHOULD BE COMPILED GOVERNING THE USE OF COMPUTERS IN GOVERNMENT, MR TSAO SAID.
HE SAID THE TWO MAIN ISSUES WHICH LED ΤΟ THE VIEW THAT THE SUBJECT DESERVED CLOSE ATTENTION WERE THE NEED OF DATA USERS TO ENJOY A FREE FLOW OF THE KIND OF INFORMATION WHICH WAS ESSENTIAL TO THE SUCCESSFUL CONDUCT OF THEIR BUSINESS, AND THE RIGHTS OF THOSE PEOPLE ABOUT WHOM SUCH DATA WERE COLLECTED ΤΟ ENJOY A PROPER DEGREE OF PROTECTION.
MR TSAO NOTED THAT ALTHOUGH THE CODE OF PRACTICE ISSUED TO GOVERNMENT DEPARTMENTS WAS BEING FOLLOWED, IT DOES NOT HAVE THE FORCE OF THE LAW AND THEREFORE COULD NOT BE POLICED.
"MY OFFICE HAS SERVED AS THE RECIPIENT OF ANY QUERIES FROM BOTH GOVERNMENT DEPARTMENTS AND THE PRIVATE SECTOR WHERE THE CODE HAS EITHER BEEN INCORRECTLY INTERPRETED OR NOT FULLY ADHERED TO. WE FOLLOW UP THESE CASES AND OFFER ADVICE WHERE APPROPRIATE," HE SAID.
HE SAID THE DRAFTING OF LEGISLATION WAS A COMPLEX BUSINESS, AND THAT IT WAS IN EVERYONE'S INTEREST THAT IT SHOULD BE PROCEEDED WITH CAUTIOUSLY.
"EXPERIENCE IN OTHER COUNTRIES HAS SHOWN THAT IT IS ONLY TOO EASY TO OVER OR INDEED UNDER LEGISLATE IN THIS AREA.
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"WE DO NOT WANT то FALL INTO THE TRAPS THAT HAVE SNARED OTHERS MR TSAO SAID.
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"OUR AIM IS TO DEVISE LEGISLATION OF THE MINIMUM COMPLEXITY WHICH WILL NONETHELESS BALANCE THE INTERESTS OF THE DATA USER, THE DATA SUBJECT AND THE COMMUNITY AT LARGE, HE ADDED.
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ON A POINT RAISED ABOUT THE DIVISION OF PROCEEDS OF THE MARK SIX LOTTERIES INCOME, MR TSAO POINTED OUT THAT WHEN THE JOCKEY CLUB WAS ALLOCATED 7.5 PER CENT OF THE LOTTERIES FUND PROCEEDS, IT USED THE MONEY TO COVER ADMINISTRATIVE EXPENSES INVOLVED IN MANAGING THE MARK SIX LOTTERY.
"IF FOR SOME REASON THIS 7.5 PER CENT SHOULD TURN OUT TO BE GREATER THAN THE EXPENSES TO BE COVERED, ANY SUCH SURPLUS WOULD BE AVAILABLE FOR ALLOCATION FOR SOCIAL WELFARE AND SIMILAR PURPOSES, HE SAID.
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MR TSAO SAID HE WOULD DARE NOT ALTER WHAT SEEMED TO BE A VERY REASONABLE AND LOGICAL ARRANGEMENT.
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