TNAG-2175-FCO40-3112-Hong-Kong-Bill-of-Rights-1990 — Page 250

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legislation is being developed by the Secretary for Home

Affairs. There will also а need for the enactment of

legislation for non-discrimination.

38.

Clause 7(3) and (4) have therefore been added to

the draft Bill as follows:

"(3) Notwithstanding subsection (1), Article 14 binds only the Government, public authorities and

persons acting on behalf of the Government or

public authority or in a public office.

(4) The Governor in Council may by order repeal subsection (3) and this subsection."

Implications of Article 14 (Privacy) on the Government

39.

The creation of a right to privacy which is not underpinned by detailed specific legislation could have a disruptive effect on government. For example, the use of personal data held by some Government departments for

purposes other than those for which it was collected will be prohibited by the BOR.

An individual may try to

establish a right of access to personal data in respect of himself held by government; the courts, in the absence of detailed legislation to guide them, may be more generous in directing such access than if they were applying detailed

privacy legislation which addressed the balance to be struck between public interest and private rights. There is also the possibility of having to revise the laws and

procedures which

the interception of

communications and surveillance in connection with the

operations of law enforcement bodies. There is therefore a

case for the application of Article 14 to the government to

relate

to

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