purpose or used for another purpose without the permission of the person concerned. The Human Rights Committee has suggested that
such right to privacy includes a certain degree of control over
personal data, whether held by government or private individuals.3
Although financial institutions and other private
organizations in Hong Kong are concerned that this article will
implicate certain business practices, the Law Group finds the
serious consequence of denying a private remedy against private
organizations for violations under the Article far outweighs the
concerns the organizations have regarding the threat of adverse
litigation. The organizations have options available to them
that would alleviate such threat, including seeking permission
from individuals before utilizing personal information, or giving
persons the opportunity to know what information is being held
about them and to whom it has been supplied.
B. CONTINUING CONCERNS
1.
Continuing application of the Covenants in Hong Kong
In its June 1990 memorandum, the Law Group urged that
Hong Kong in its own right become a party to the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. Full accession
to the Covenants is the optimum measure Hong Kong can take to
3 Such right would include an entitlement to ascertain whether personal data is contained in files or on computer with public and private entities and how such data was being used. See General comment 16 (32), CCPR/C/21/Rev.1 (1989) para. 17.
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