On 18 October 2010, the Constitutional and Mainland Affairs Bureau issued its "Report on Public Consultation on Review of the PDPO" (the "Consultation Report"). The Consultation Report aimed to assist the Hong Kong Government in strengthening personal data privacy protection under the PDPO.
The Privacy Commissioner made a submission in response to the Consultation Report on 31 December 2010. The following key proposals were made:
- Set up a territory-wide "Do-not-call Register" for person-to-person telemarketing calls;
- Afford a higher protection to sensitive personal data, including data concerning sex life, health condition and biometric data;
- Empowering the Privacy Commissioner to award compensation to aggrieved data subjects; and
- Empowering the Privacy Commissioner to impose monetary penalties for serious contraventions of Data Protection Principles under the PDPO.
The Privacy Commissioner's proposals must be approved by the Legislature before becoming law. The proposals have been the subject of much political discussion and it is not considered likely at this stage that each of these key proposals will be adopted.