(Ju2) (Live Presentation and Webinar) Data Privacy and Defamation

Date:  17 June 2023 (Saturday)  Time: 9:30am-12:45pm   Language: English  Level: Elementary

Speaker:          Dr. Rita Cheung, MCAL Solicitors LLP

Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3     Fee: HK$1,790

Highlight :

  1. Data Protection Principle 1 (Collection)
  • What is personal data ‘collection’? Eastweek Publisher Limited v Privacy Commissioner for Personal Data [2000] HKCA 442, [2000] 2 HKLRD 83. Would installation of CCTV next to your flat amount to personal data ‘collection’? The point was tested in 張順清 v 個人資料私隱專員 (Appeal No. 7/2019) [2019] HKPCPDAAB 7.
  • What amounts to an ‘excessive’, unfair or unlawful data collection? Cathay Pacific Airways Limited v Administrative Appeals Board [2008] 5 HKLRD 539
  1. Data Protection Principle 2 (Accuracy)
  • What is the content of the duty on a data user to ensure that the data is ‘accurate’ (subsection 1), and is not kept longer than is necessary (subsection 2)?
  • How far will Data Protection Principle 2 (on retention of personal data), reading alongside with section 26 (on erasure of personal data), be interpreted as equivalent to a EU-style ‘right to be forgotten’?
  • Whether Hong Kong has a right-to-be-forgotten has been a matter of uncertainty. X v Privacy Commissioner for Personal Data (Appeal No. 15/2019) [2019] HKPCPDAAB 15 has exploded the myth.
  1. Data Protection Principle 3 (Use)
  • What amounts to using (transferring or disclosing) personal data ‘for a new purpose’ without a data subject’s consent? David M Webb v Privacy Commissioner for Personal Data [2014] HKPCPDAAB 54
  • Y v The Law Society of Hong Kong [2017] HKCFI 735, [2017] 2 HKLRD 950.
  • The ‘crime prevention and detection’ exemption; ‘public interest’ exemption
  1. Data Protection Principle 4 (Security)
  • Loss of Notebook Computers Containing Personal Data of Election Committee Members and Electors [2017] HKPCPDIR 1 case as an illustration.
  1. Data Protection Principle 6 (Access).
  • How to make a data access request on behalf of your client?
  1. EU General Data Protection Regulation (GDPR).
  • Relevance to Hong Kong companies which offer goods or services to, or ‘monitor the behavior’ of, data subjects situated in the EU (GDPR, Article 3).
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Rita Cheung
Dr. Rita Cheung L.L.B., P.C.L.L. (HKU); L.L.M, Ph.D. (King’s College Lond.). She obtained her Ph.D. in Law on the topic of minority shareholders’ rights from King’s College London. She was called to the Bar in 2006, and taught Law upon obtaining her doctorate degree. She writes in the field of company law in refereed journals including Cambridge Law Journal, Lloyd’s Maritime and Commercial Law Quarterly, and Journal of Business Law. She has been regularly invited to speak at international conferences on money laundering and corporate crime. She is a member of the editorial board of the Journal of Financial Crime.