TNAG-1613-FCO40-2221-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 73

CONFIDENTIAL

For discussion

n 3 March 1987

16/2/87

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XCC (87) 30 30

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MEMORANDUM FOR EXECUTIVE COUNCIL

DATA PROTECTION IN HONG KONG

Introduction

This paper presents proposals in respect of data protection in Hong Kong. These proposals are based on the recommendations of the Working Group on Data Protection.

Background

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With the advance in information technology, computer applications have become more widespread to the point where they are now a vital part of human activity. For example there has been a steady increase in organizations which use computers to store and process personal data. Mis-use of computer power might pose a threat to individuals. This concern derives from the ability of computing systems to store vast amounts of data, to manipulate data at high speed and, with associated communications systems, to give access to data from locations far from the site where the data are stored.

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Some countries have introduced regulatory measures to safeguard the rights and privacy of the individual in this respect. In some cases these include restrictions on "trans-border data flow". These countries have enacted legislation which may prohibit organizations from transferring computer-based personal data to other countries which have not enacted data protection legislation. In this case, Hong Kong's position as an international trade and finance centre could be seriously jeopardized. Whether Hong Kong organizations may be debarred from receiving "trans-border data flow" has yet to be established, but the threat could grow as more countries introduce legislation.

Data Protection in Hong Kong

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The issue of data protection was first raised in the Hong Kong Computer Society's Newsletter of September 1973. Although the issue did not attract wide public attention, Government has since monitored progress in developed countries. Following a question in the Legislative Council on 11 May 1983 about the possible abuse of computer-based data, the Chief Secretary announced that a Working Group on Data Protection would be formed to examine

CONFIDENTIAL