TNAG-1613-FCO40-2221-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 130

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Appendix C

WORKING GROUP ON DATA PROTECTION AND PRIVACY

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD HONG KONG

31 August 1985

Mr Peter K Y Tsao

Chairman

Working Group on Data Protection & Privacy

Government Secretariat

Lower Albert Road

Hong Kong

Report of the Private Sector Subcommittee

This report is a review of answers to the Questionnaire which was sent to 51 different organisations in order to obtain their individual responses to the possibility of Data Protection legislation.

A summary is provided and from it the following salient points emerge:

1. Voluntary Compliance is the most popular form of legislation

advocated.

2.

3.

A Tribunal should be formed with non-sanctionary powers. Principle 7 of the Eight Data Protection Principles would be modified so that control access is through the Data Protection Tribunal.

Access to personal data banks via the Tribunal would be conditional upon demonstratable evidence acceptable to the Tribunal.

The Private Sector Subcommittee recommends that the following points also be considered:

4.

5.

The Tribunal would then act as an interface on behalf of the alleged aggrieved individual with the operator of the per- sonal data bank.

The Tribunal would have power only to obtain information from the operator of the personal data bank concerning its operation in general and with regard to data on the indivi- dual in particular.

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