Hong Kong's Privacy
Commissioner has issued two revised sets of guidelines: a new “Code of Practice
on Human Resource Management” and a revised “Privacy Guidelines for Monitoring
and Personal Data Privacy at Work”, both relating to the application of the
Personal Data (Privacy) Ordinance (PDPO”). Their subject matter is
self-evident. Let us call them both “guidelines”.
Many people have an
incorrect idea of what the PDPO actually says, usually through not having read
the Ordinance themselves but relying instead on third-hand interpretations.
Hong Kong employers are therefore advised to be familiar with the underlying
legislation first and foremost, and to use the guidelines in the context of the
legislation itself.
In each case, the guidelines
are, strictly speaking, not of direct legal effect. They are intended to give practical
guidance to employers and their HR officers. However, where a data user fails
to comply with the guidelines, it has been suggested that a court may take this
into account to decide whether there has been a breach of the underlying
Ordinance.
This does not mean,
though, that what is not a breach under the PDPO becomes a breach
through non-compliance with the Code; rather that compliance with the Code
would operate as a defence against an alleged breach as it would be hard to
argue that the Privacy Commissioner’s guidelines were, effectively, wrong.
The revised sets of guidelines can be found here:
Primasia Corporate
Services Ltd. can provide support on all employment matters including data
privacy issues.
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Primasia will post the updates of Hong Kong and China from time to time. Follow us on our Website/ Blogger/ LinkedIn and stay tunned for our updates!
Primasia will post the updates of Hong Kong and China from time to time. Follow us on our Website/ Blogger/ LinkedIn and stay tunned for our updates!
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Need more information?
Please contact:
John Barclay -Email
Teresa Tam - Email
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Primasia Corporate Services Limited
Tel: +852 2882 2088
Suite 1106-08, 11/F., Tai Yau Building, No. 181 Johnston Road, Wanchai, Hong Kong
