12
WEDNESDAY, MARCH 17, 1993
PERSONAL DATA USED FOR CERTAIN PURPOSES SHOULD BE EXEMPT FROM SOME OR ALL OF THESE REQUIREMENTS. A TOTAL EXEMPTION IS RECOMMENDED FOR PERSONAL DATA USED BY AN INDIVIDUAL SOLELY FOR PERSONAL OR DOMESTIC PURPOSES. PARTIAL EXEMPTIONS ARE RECOMMENDED FOR DATA PURPOSES SUCH AS NATIONAL SECURITY, THE DETECTION OF CRIME AND PUBLIC SAFETY.
* A REGULATORY AGENCY SHOULD BE ESTABLISHED TO ENSURE THAT DATA USERS COMPLY WITH THE NEW LEGAL REQUIREMENTS FOR PERSONAL DATA. ITS FUNDING WOULD BE PROVIDED BY LEVYING ORGANISATIONS SEEKING BUSINESS REGISTRATION AN ANNUAL FER NOT EXCEEDING $100.
WHILE LOCAL FIGURES ARE LACKING, IN THE UNITED STATES THERE ARE ON ABOUT 17 SEPARATE RECORDS ON EVERY INDIVIDUAL. DECISIONS ARE MADE THE BASIS OF THIS RECORDED INFORMATION AND THOSE DECISIONS
AFFECT
ADVERSELY
OR THE INDIVIDUAL, SUCH AS REFUSAL OF A LOAN UNJUSTIFIED CRIMINAL INVESTIGATION.
MAY EVEN
THE CHAIRMAN OF THE SUB-COMMITTEE, MR JUSTICE MORTIMER, POINTED OUT THAT OVERSEAS STUDIES INDICATED THAT MANY OF THE RECORDS OF PERSONAL DATA WERE INACCURATE, THE CRIMINAL HISTORY RECORDS OF ONE 20 ONLY STATE IN THE U.S. WERE FOUND TO BE ACCURATE AND COMPLETE IN PER CENT OF CASES.
MR JUSTICE MORTIMER SAID THE SUB-COMMITTEE ALSO EXPRESSED CONCERN AT MISUSE OF DATA, AND POINTED OUT THAT AN AUSTRALIAN INVESTIGATION REVEALED THE ILLICIT SALE OF COMMERCIALLY VALUABLE CONFIDENTIAL PERSONAL DATA ON A MASSIVE SCALE.
THE SUB-COMMITTEE BELIEVED THAT THERE WAS NO REASON TO SUPPOSE THAT THOSE PROBLEMS DID NOT EXIST IN HONG KONG AS THEY WOULD BE COMMON ΤΟ ALL COUNTRIES WITH ADVANCED COMPUTER AND TELECOMMUNICATIONS SYSTEMS.
ΤΟ COUNTER THESE PROBLEMS, INTERNATIONAL AGENCIES SUCH AS
ECONOMIC CO-OPERATION AND ORGANISATION FOR
AND DEVELOPMENT EUROPEAN COMMUNITIES COMMISSION HAVE FORMULATED A SET OF STANDARDS PROTECT PERSONAL DATA.
THE
THE ΤΟ
IN ESSENCE, THESE STANDARDS AMOUNT ΤΟ A CODE OF FAIR INFORMATION PRACTICES INTENDED TO ENSURE THAT THE RIGHT INFORMATION 19 PROVIDED TO THE RIGHT PERSON FOR THE RIGHT PURPOSE.
ALREADY 25 COUNTRIES HAVE ENACTED LEGISLATION TO LEGALLY ENFORCE THESE STANDARDS.
THE SUB-COMMITTEE HAS RECOMMENDED THAT HONG KONG JOIN THEIR RANKS AS SOON AS
WITH POSSIBLE IN ORDER TO PROVIDE INDIVIDUALS ADEQUATE LEGAL PROTECTION IN RELATION TO COLLECTION AND USE OF
THEM, ABOUT
AND TO ENSURE THAT HONG KONG IS NOT SHUT OUT INTERNATIONAL EXCHANGE OF PERSONAL DATA.
DATA
OF
THE
EXISTING LEGAL CONTROLS ARE LIMITED. THE HONG KONG BILL OF RIGHTS ORDINANCE PROVIDES SOMB PROTECTION AGAINST PUBLIC SECTOR
AND SOME ORDINANCES CONTAIN SECRECY PROVISIONS. PROTECTION IS ALSO PROVIDED BY THE COMMON LAW DUTY OF CONFIDENCE, THERE IS AT PRESENT NO COMPREHENSIVE LEGAL PROTECTION.
INFRINGEMENTS
SOMB
BUT
/THE EUROPEAN