October



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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October 28, 2013
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In Hong Kong, When Is Public Data Actually Private Data?

"The Office of the Privacy Commissioner for Personal Data (PCPD) has issued an enforcement notice to stop a company from supplying data on individuals obtained from publicly available litigation and bankruptcy records via a smartphone application, claiming that the company ""seriously invaded"" the privacy of those individuals. Various commentators have accused the PCPD of threatening freedom of information, making inconsistent decisions, and being technophobic, while others argue that the decision highlights the limitations of the Personal Data (Privacy) Ordinance (PDPO), which governs the use of personal data in Hong Kong. The offending application allowed users to search a database of publicly available records of civil and criminal litigation and bankruptcy cases by an individual 's name or address in order to carry out simple due diligence and background checks. The basic position in Hong Kong is that while an individual 's personal data may be obtained from a source in the public domain, that does not mean that the individual has given his blanket consent for use of that personal data for other purposes. Anyone who collects and uses personal data from the public domain must observe the requirements of the PDPO. To assist data users to comply with the requirements of the PDPO, the PCPD has issued a new guidance note on the Use of Personal Data Obtained from the Public Domain."

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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October 28, 2013
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Guarding Against Abuse of Personal Data in the Public Domain

Many people believe personal data collected from the public domain - such as the companies, land and vehicles registers and even the internet - is open to unrestricted use. This view is incorrect. Personal data, whether publicly available or not, is protected under the Personal Data (Privacy) Ordinance. Technology has exacerbated the risks of a loss of privacy. Advances in the aggregation, matching and further processing of personal data in the public domain means such data mining is now conducted with phenomenal ease and efficiency. Admittedly, such profiling could generate economic and societal benefits. But at the same time, it poses grave privacy risks. It is conceivable that many marketers are using innovative analytics to enhance marketing effectiveness based on data supplied by the customer and data in the public domain. The problem is not so much related to the nature and source of the data but, rather, to the way the data is combined, further processed and used. A use-limitation principle in the ordinance provides that personal data should be used only for the purposes for which it was collected or a directly related purpose, unless exempted for activities such as law enforcement, professional due diligence, and publishing or broadcasting of the data as news and in the public interest.

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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October 28, 2013
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Criminal Record May Soon Be A Click Away

"Finding out someone's criminal history could soon be as easy as clicking a button, under major changes to improve public access to court documents. Justice Minister Judith Collins said the current system, where people often have to apply in writing to the courts for access to information, is ""completely insane"". She wants all decisions online once the courts have completed a move to an electronic operating model next year. The documents would effectively act as a public register of criminals, improve public safety, and make the court process more open. Collins accepts some groups will ""scream and cry"" about the plan, but believes there is overwhelming public interest in making the information available. Court of Appeal and nearly all Supreme Court and High Court decisions since 2005 are published online. The public can apply in writing to receive a copy of a District Court judgment. However, a lot of criminal decisions are recorded, but not transcribed unless they are needed for official purposes, largely because of a lack of resources."

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