Hong Kong Updates- Personal Data

Revised proposals for the Personal Data (Privacy) (Amendment) Bill

(a) 'Deemed consent' arrangement removed - change from ‘opt out’ to ‘opt in’, i.e. consent will now not be deemed to have been given if a data subject does not respond to a request for permission to use his data for direct marketing purposes.

(b) No longer a requirement for later indication of objection to use of personal data to be in writing, i.e. it can also be made orally.

(c) Now a requirement that data users must explicitly state in the information to be provided to the data subject their intention to use the personal data, or provide the data to other persons for use in direct marketing or for sale.

(d) Grandfathering - if the data user has been using personal data in direct marketing in compliance with the requirements of the existing Ordinance and intends to continue to use the data in the same way, they may be exempted from the new Ordinance.

(e) Scope of regulatory regime – it is now recognised that the scope of the draft Bill may have been too wide and it is proposed therefore to narrow the scope.

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