| With the improvement of information level in the whole society, the ability tostore, process and transmit information, has made an amazing advance andinformation has become a resource that can be utilized. As a kind of information,personal information for business or administration has become extremely value. Butmeanwhile, the valuable information may be inevitably abused sometimes. And infact, the system of the protection for personal data has not been established in thelegislation of China mainland. As a result, it is not strange for people in China to findpersonal information has been frequently given out now. Although the Professor ChouHanhua and the Professor Qi Aiming have models the draft of Personal InformationProtection Act, there are many problems in the areas of personal information. For thisreason, this theory is stated on the base of the system of personal informationprotection in Hong Kong through the introduction of the theory and implementation topromote the development of personal information protection in China mainland. Thisarticle has four parts in total:The first part mainly introduces the theoretical basis of the Hong Kong PersonalData Protection Act. In detail, it firstly presents the introduction of American andAustralian personal data protection in base of privacy protection and the EU’s in baseof personal rights, to introduce the protection in Hong Kong. And then it states thesystem of Britain personal data protection to find its influence on Hong Kong’s. Ineffect, Hong Kong’s personal data protection theory is mainly affected by Australiaand owns sort of the style of the EU’s as it once became the colony of UK.The second part introduces the Hong Kong legal system of personal dataprotection from its regime, specialized protection agencies and “Personal Data(Privacy) Ordinanceâ€. While introducing, it sorts the part in relation to personal datain the existing laws of Hong Kong. As for special protection agency, this articlediscusses the Hong Kong Commissioner for Personal Data, which has an importantuse and value in drafting guidance and rules, enforcing laws and educating the public.In addition, it comes to the important part, the special law of personal data protection, Personal Data (Privacy) Ordinance, where the principles and scale is focused. At theend of2012, Hong Kong had a substantial modification on the law, which appeared inthe third part. Its content is divided into six parts in specific, four of which wereadopted as the amendments, including the new regulations on direct marketing, theexpansion of the power of the Privacy Commissioner, providing legal assistance to theaggrieved and the scheme to report data users. The other two parts of it are thedivision of sensitive data and the expansion of the criminal investigation power ofPrivacy Commissioner. Though these two amendments were not adopted by thelegislature, we can still gain a lot of experience from them.The last part studies what China mainland are able to get form the personal dataprotection system in Hong Kong. The part discusses the problems appear in the casesof personal data protection through the statement of current legislation, and thensuggests that China should produces more special laws, set up legal agencies andimprove the system to settle the current problems, by learning from the practice inHong Kong. Finally, on the other hand, there exist some problems during thedevelopment Hong Kong’s own system. So China could also learn a lot from thefailure to accelerate the promotion of the level of personal data protection. |
