XN000022-1990-11-22 — Page 12

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IN BROAD OUTLINE, THE PRINCIPLES STATE THAT PERSONAL DATA MUST BE OBTAINED FAIRLY AND LAWFULLY, BE ACCURATE, RELEVANT TO THE PURPOSE FOR WHICH THE DATA ARE COLLECTED AND NOT EXCESSIVE FOR THAT PURPOSE. THEY SHOULD BE HELD NO LONGER THAN IS NECESSARY, AND SHOULD NOT BE DISCLOSED WITHOUT PROPER AUTHORITY.

IN PARTICULAR, THE PRINCIPLES STATE THAT THE PURPOSES PERSONAL WHICH

DATA ARE USED MUST BE SPECIFIED AND THAT DISCLOSURE MUST BE COMPATIBLE WITH THOSE PURPOSES.

FOR

THE

OBTAIN

THEY ALSO SUGGEST THAT A PERSON SHOULD BE ABLE ΤΟ CONFIRMATION OF WHETHER OR NOT HIS PERSONAL DATA ARE HELD, AND WHERE APPROPRIATE, TO HAVE SUCH DATA CORRECTED OR ERASED.

NEEDED

THE FOR

CONCEDING THAT THE MEASURES

TO PROTECT CONFIDENTIALITY OF PERSONAL INFORMATION WOULD ENTAIL SOME COSTS SOCIETY, MR TSAO SAID

INTENTION WAS THAT EVERYTHING POSSIBLE WOULD BE DONE TO ENSURE NEITHER THE LEGISLATION NOR THE REGULATIONS MADE UNDER IT WOULD IMPOSE UNNECESSARILY COSTLY REQUIREMENT.

"DESPITE MY PROMISE, AN EFFECTIVE DATA PROTECTION SYSTEM, HOWEVER SIMPLE, IS GOING TO MEAN THAT SOME USERS WILL NEED TO INCUR INCREASED CAPITAL COSTS FOR DEVELOPING THEIR HARDWARE OR SOFTWARE SYSTEMS TO INCORPORATE THE NECESSARY SAFEGUARDS.

AGAINST

"BUT THIS ADDITIONAL EXPENDITURE HAS TO BE BALANCED THE POTENTIAL ADMINISTRATIVE, TECHNICAL AND ECONOMIC BENEFITS WHICH COULD RESULT FROM CONTROL, HE SAID.

"I HAVE NO DOUBT THAT OBSERVANCE OF DATA PROTECTION REQUIREMENTS BY ORGANISATIONS IN HONG KONG CAN BE MADE WITHOUT GIVING RISE TO MAJOR PROBLEMS OR HUGE INCREASES IN COSTS FOR THEM.

INTRODUCTION OF DATA "FURTHERMORE, LET'S NOT FORGET THAT THE PROTECTION LEGISLATION WILL HELP TO ENSURE THAT HONG KONG'S AND ITS ROLE AS A SUBSTANTIAL INTERNATIONAL TRADE IN INFORMATION, CROSSROAD ON THE INTERNATIONAL DATA HIGHWAY, ARE NOT COMPROMISED," HE ADDED.

IN CONCLUSION,

HE SAID, DATA PROTECTION LEGISLATION WOULD PROVIDE NEW RIGHTS FOR ALL PERSONS WHOSE PERSONAL INFORMATION IS OBLIGATIONS ON THE PROCESSED IN HONG KONG, AND WOULD PLACE CERTAIN USERS OF THAT INFORMATION.

"I HAVE, THEREFORE, TENDED TO TREAD WARILY BEFORE PUTTING LEGISLATION OF THIS SCOPE AND MAGNITUDE THROUGH THE LEGISLATURE.

"THE VARYING INTERESTS OF DATA USERS AND DATA SUBJECTS HAVE TO

NOT BE CAREFULLY BALANCED TO ENSURE THAT WE WILL

UNDULY AFFECT THE OPERATION OF DATA USERS NOR THE INTEREST OF DATA SUBJECTS.

OF

PRAGMATISM, WILL BEST

"I FIRMLY BELIEVE THAT WITH OUR FINE TRADITION WE SHALL BE ABLE TO DESIGN A PIECE OF LEGISLATION WHICH SUIT OUR CIRCUMSTANCES," MR TSAO SAID.

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