In order to combat the serious "crippling" situation in recent years, the government proposes to amend the "Personal Data (Privacy) Ordinance" to criminalize the "crippling" behavior.
The Legislative Council Bills Committee on the Personal Data (Privacy) (Amendment) Bill 2021 has completed its deliberations today (25th) and will submit a report to the House Committee on the 24th next month. The draft is expected to be submitted to the General Assembly on October 13th for resumption Second reading debate.
Zeng Guowei: Not only investigating the "initiator" who disclosed the initial information
The draft proposes that the Privacy Commissioner for Personal Data be given the powers of investigation, law enforcement and prosecution, and may request materials, search premises, inspect electronic equipment, and arrest relevant persons.
The proposal includes extraterritorial jurisdiction, and the Privacy Commissioner can electronically send the cease-disclosure notice to places outside Hong Kong, regardless of whether it is "beginning" within or outside of Hong Kong.
After criminalization, a two-tier system of penalties will be established. If someone intends to or ignores harm to the party and discloses personal data without consent, he can be fined up to 100,000 yuan and imprisoned for 2 years; if the disclosure of information without consent constitutes harm, The maximum fine is 1 million yuan and imprisonment for 5 years.
The Secretary for Constitutional and Mainland Affairs, Zeng Guowei, emphasized that the draft not only pursues the "initiator" who disclosed the initial information. If the relevant platform fails to remove the relevant information as required by law, it will also be held criminally responsible.
The Secretary for Constitutional and Mainland Affairs, Zeng Guowei, emphasized that the draft does not only pursue the "initiator" who disclosed the original information. If the relevant platform fails to remove the relevant information as required by law, it will also be held criminally responsible.
(Photo by Luo Junhao/Profile Picture)
Failing to remove the "beginning" information as required is illegal
According to Pakatan Harapan Member Leung Mei Fen, before the beginning of the school year, students had "started up" from time to time and distributed the information to the group. She asked whether the draft could also deal with problems such as alumni associations and senior brother groups.
Zeng Guowei said that depending on the type of disclosure, a notice of cessation of continued disclosure will be served to the discloser if necessary, and the discloser will be required to remove the relevant information in accordance with the law.
The Privacy Commissioner for Personal Data Chung Lai-ling said that under the Bill, if someone has criminal intent and discloses his or her personal data without the person’s consent, it constitutes a “primary” crime. The person who disclosed it will be contacted first to find out whether he has the ability to remove him immediately Information, when necessary, also write to the platform to promote action.
Liang Meifen also suggested that after the passage of the regulations, the government can step up publicity in schools, and also "post advertisements" during prime time on TV, disseminate information in online discussion forums, and inform users on different social platforms to make "recommendations". After the “bottom” act, they will have to bear related legal responsibilities.
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