TY - JOUR
T1 - Are data protection laws sufficient for privacy intrusions? the case in Hong Kong
AU - Mo, Jojo Y.C.
PY - 2014/8
Y1 - 2014/8
N2 - An area of concern which relates to privacy intrusions in Hong Kong is the substantial changes that have taken place in recent years in relation to news gathering and reporting and the activities of local paparazzi. The issue that needs to be addressed is how intrusions of privacy can be protected in Hong Kong. The most significant reform to date has been the enactment of the Personal Data (Privacy) Ordinance which provides rules for the fair handling of information about living individuals. However, the Ordinance is concerned only with data protection and does not provide a general privacy right. This article demonstrates the inadequacies of existing legislation for general privacy protection and examines the possibility of developing a separate action for general privacy via a) an action of extended breach of confidence as demonstrated by the UK model and b) a sui generis cause of action as can be seen in the New Zealand courts. © 2014 Jojo Mo. Published by Elsevier Ltd. All rights reserved.
AB - An area of concern which relates to privacy intrusions in Hong Kong is the substantial changes that have taken place in recent years in relation to news gathering and reporting and the activities of local paparazzi. The issue that needs to be addressed is how intrusions of privacy can be protected in Hong Kong. The most significant reform to date has been the enactment of the Personal Data (Privacy) Ordinance which provides rules for the fair handling of information about living individuals. However, the Ordinance is concerned only with data protection and does not provide a general privacy right. This article demonstrates the inadequacies of existing legislation for general privacy protection and examines the possibility of developing a separate action for general privacy via a) an action of extended breach of confidence as demonstrated by the UK model and b) a sui generis cause of action as can be seen in the New Zealand courts. © 2014 Jojo Mo. Published by Elsevier Ltd. All rights reserved.
KW - Breach of confidence
KW - Data protection
KW - Intrusions of privacy
KW - Privacy tort
UR - http://www.scopus.com/inward/record.url?scp=84905084993&partnerID=8YFLogxK
UR - https://www.scopus.com/record/pubmetrics.uri?eid=2-s2.0-84905084993&origin=recordpage
U2 - 10.1016/j.clsr.2014.05.006
DO - 10.1016/j.clsr.2014.05.006
M3 - RGC 21 - Publication in refereed journal
SN - 0267-3649
VL - 30
SP - 429
EP - 438
JO - Computer Law and Security Review
JF - Computer Law and Security Review
IS - 4
ER -