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Hong Kong: PCPD announces legislative amendments to PDPO

The Office of the Privacy Commissioner for Personal Data ('PCPD') published, on 20 February 2023, a report on its work and strategic focus for 2022 in a briefing to the Legislative Council Panel on Constitutional Affairs. In particular, the report provides that the PCPD is working closely with the Government of Hong Kong to comprehensively review the Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2021 ('PDPO') and formulate concrete proposals for legislative amendments.

Moreover, the report informs that the PCPD will make reference to relevant laws of other jurisdictions and take account of the situation in Hong Kong so as to put forward practicable legislative amendment proposals that would strengthen the protection of personal data privacy. Furthermore, the report emphasises that the proposed amendments to the PDPO include establishing a mandatory data breach notification mechanism, requiring formulation of a data retention policy, empowering the Privacy Commissioner to impose administrative fines, and introducing direct regulation of data processors.

In addition, the report highlights that the Government and the PCPD's target is to consult the Legislative Council Panel on Constitutional Affairs of the specific legislative proposals concerning the PDPO in the second quarter of 2023. Finally, the report provides that from the implementation of the Personal Data (Privacy) (Amendment) Ordinance 2021 to the end of 2022, the PCPD initiated 114 criminal investigations and made 12 arrests.

You can read the press release here, the report here, and the PCPD's opening remarks, only available in Chinese, here.

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