The idea of a right to privacy, which arose in reaction to the rapid rise of newspapers, instant photography and the “paparazzi” of the 19th century, has evolved into a constitutional right in much of the developed world. It is enshrined in Hong Kong through Articles 28, 29, 30 and 39 of the Basic Law. Hong Kong stands proud as the first jurisdiction in Asia to enact legislation to safeguard personal data in the form of the Personal Data (Privacy) Ordinance, Cap 486 (“the Ordinance”) which came into force in 1996. At its centre are the six Data Protection Principles based on the 1980 OECD Guidelines. The office of the Privacy Commissioner for Personal Data was created under this legislation to provide oversight and ensure compliance. The Octopus scandal in mid-2010 eventually led to substantial changes being made to the Ordinance that were enacted in 2012 and 2013, the main amendments being the Direct Marketing provisions and the provision of legal assistance and representation to aggrieved persons. In this digital age, the Ordinance is proving to be the main safeguard of our privacy rights. The Data Protection Principles seek to create broad common principles based on fairness that apply to the public and private sectors. The passage of twenty years since the enactment of the Ordinance has given rise to a substantial body of case law and administrative decisions on these principles and the other provisions of the Ordinance. The new amendments have already been the subject of judicial scrutiny. This publication, which replaces its predecessor, has the dual aim of becoming a practitioner’s guide on the important subject of personal data privacy, containing, as it does, a detailed exposition of the principles and provisions in the Ordinance and a comprehensive source of reference materials, and of enabling the Privacy Commissioner to discharge his major duty to promote awareness and understanding of the Ordinance. The second edition includes not only a full discussion of these principles, but also summaries of all the seminal cases and Administrative Appeals Board rulings in this area, as well as a comprehensive list of all the pertinent cases.

This publication has the dual aim of becoming a practitioner's guide on the important subject of personal data privacy, containing a detailed exposition of the principles and provisions in the Ordinance and a comprehensive source of reference materials, and of enabling the Privacy Commissioner to discharge his major duty to promote awareness and understanding of the Ordinance.

Companies, lawyers, privacy officers, developers, marketing and IT professionals face privacy issues more and more frequently. Much information is freely available but it can be difficult to get a grasp on a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - helping to identify issues and provide concise practical guidance in an increasingly complex field shaped by rapid change in international laws, technology and society. Now in a second, updated and revised edition, with new material covering issues such as big data, data brokers and spying, Determann's Field Guide focuses on the compliance issues that are likely to be encountered by the majority of companies. Starting with an overview of the key concepts in the field, in order to provide a basic understanding of data privacy, the book offers practical advice on initiating, maintaining and then auditing a compliance program, with checklists designed to assist this process. The book also gives step-by-step guidance on drafting documentation for data privacy compliance, including notices, consent forms, agreements, protocols, request forms and government notifications, and provides sample documentation to use as a model. A handy A-Z of data privacy compliance completes the book and gives a concise tour of privacy-related issues, from Advertising to Zip Codes. Lightweight enough to carry around, the book should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: - Coverage of new topics such as big data, data brokers, spying and binding corporate rules for processors. - Commentary on legislative changes including: EU data protection regulation, APEC data protection law harmonization, COPPA, HIPAA, ROSCA, EU cookies regulations and laws prohibiting compelled social media password disclosure. - Smaller, handier format. Key Features: - Concise overview of the practical requirements of data privacy compliance. - Step-by-step guide to starting and maintaining a compliance programme. - Advice on drafting documentation gives the user the tools to complete an end-to-end process. - Glossaries of key acronyms and terms help the user to navigate through the field. - Includes sample documentation and checklists to ensure the clearest possible guidance. - Clear structure facilitates quick reference. - A-Z of data privacy provides snapshot of key topics.

A Practical Guide to the General Data Protection Regulation (GDPR) is written in an easy to understand and easy to reference format. Topics covered: 1. Principles relating to the processing of personal data. 2. Rights of the data subject. 3. Controller and processor obligations. 4. Transfers of personal data to third countries or international organisations. Compliance with data protection rules is not only a matter of risk mininisation. Compliance can: * Increase customer and employee confidence in the company. * Enhance brand image. * Help in the management of company information. * Act as a reminder to protect company data and company secrets. * Facilitate future products and services using such data - customer data is a key asset to the company. * Add to the value of the customer information and the value of the company.