Are data protection laws sufficient for privacy intrusions? the case in Hong Kong

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

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Original languageEnglish
Pages (from-to)429-438
Journal / PublicationComputer Law and Security Review
Volume30
Issue number4
Online published16 Jul 2014
Publication statusPublished - Aug 2014

Abstract

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.

Research Area(s)

  • Breach of confidence, Data protection, Intrusions of privacy, Privacy tort