- Instructor: William Tso
Date: 10 October 2023 (Tuesday) Time: 9:30am– 12:45pm Language: English Level: Intermediate
Speaker: William Tso, Solicitor, CIPP/A, Robin Bridge & John Liu Solicitors and Notaries
Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3 points Fee: HK$1,790
Highlight:
1. Why is the Singaporean perspective valuable?
2. Overview of Hong Kong’s PDPO and Singapore’s PDPA
3. Data Privacy in M&A transactions
(a) A hypothetical case study covering HK data privacy issues arising from M&A transactions
(b) Data Privacy in M&A transactions in Hong Kong
(i) DPP1, DPP3 and Due Diligence Exemption
(ii) Practical measures to resolve data privacy issues
(c) Data Privacy in M&A transactions in Singapore
(i) Exemption for Business Asset Transactions
(ii) Practical lessons from the Singapore approach
– Data Minimization
– NDA / Confidentiality Agreement
– Notification to Data Subject
4. Data Subject’s Right to Claim Compensation for Injury to Feelings
(a) Tsang Po Mann v Tsang Ka Kit and Another [2021] HKDC 208
(i) Reasonable expectation of the data subject
(b) ALEX BELLINGHAM v MICHAEL REED [2021] SGHC 125
(i) Considering similar issues, the Singaporean High Court reached a conclusion opposite to that of Hong Kong District Court
(c) Reed, Michael v Bellingham, Alex (Attorney-General, intervener) [2022] SGCA 60
(i) Singaporean Court of Appeal adopted a multi-factorial approach in proving emotional distress
(d) Multi-Factorial Approach vs. Reasonable Expectation Test
5. Data Privacy and AI
(a) A hypothetical case study covering HK data privacy issues arising from 3 phases of AI implementation :
(i) Development and Testing Phase
(ii) Deployment Phase : B2C
(iii) Procurement Phase : B2B
(b) Data Privacy and AI – Hong Kong
(i) ‘Guidance on Ethical Development and Use of AI’
(ii) Human Oversight
(iii) Data Privacy and Fairness
(c) Data Privacy and AI – Singapore
(i) ‘Model AI Governance Framework’
(ii) Real-life examples from well-known organisations:
– Grab: (Level of Human Involvement in AI-Augmented Decision-Making)
– Suade Labs (Managing Data for Model Development)
(iii) Recent public consultant on an advisory guideline for the use of personal data in AI
6. Regulatory Updates
(a) PCPD’s proposed amendments to PDPO announced in February 2023
