The Study Of The Hong Kong Legal System Of Personal Information Protection

With the coming of big data era,the collection,processing and usage of personal information covers all aspects of economic and social life,and the leakage of personal information becomes increasingly serious.From the aspect of legislation and practice,the legal system of protection for personal information has not been established in China mainland,and there is no independent agency to supervise its protection of personal information.With the integration of economy and society on cross-straits,the flow of personal information will be further strengthened.By studying the system of personal information protection in Hong Kong,the reference of personal information protection in China mainland and the Guangdong-Hong Kong-Macao Greater Bay Area is provided.This article has four parts in total:The first part mainly defines the concept of "personal information".It is generally called as "personal information" in China mainland,while in Hong Kong,is called"personal data".First,it introduces the definition of personal information in Hong Kong legislation.Second,it discusses the definition of personal information in China mainland.It also compares legislative model of personal information between China mainland and Hong Kong.And the last part analyzes the problems existing in cross-border personal information exchange between China mainland and Hong Kong.The second part introduces the Hong Kong legal system and principle of personal information protection.The research is carried out from the legislation and "Six Principles".On the legislation,it mainly introduces the special legislation on the protection of personal information "Personal Data(Privacy)Ordinance",and sorts out other laws on the protection of personal information in Hong Kong.Through the introduction of the six principles,it helps to understand the core of personal information protection in Hong Kong.The third part introduces the practice and relief of personal information protection in Hong Kong.In terms of the protection agency,the Privacy Commissioner is introduced,including its functions,methods of handling cases and the operation of the institution.As for the relevant relief system for personal information protection in Hong Kong,it mainly introduces the methods for the parties to seek relief,including complaints to the Privacy Commissioner,appeals to the Administrative Appeals Board and lodging a suit in court.What’s more,through the analysis of typical cases in Hong Kong in recent years,we can explore the practical operation and value orientation of Hong Kong in solving personal information disputes.The last part discusses what China mainland are able to learn from personal information protection in Hong Kong,and the enlightenment of the design of cross-border personal information protection system in China mainland and Hong Kong.the China mainland can draw lessons from personal information protection principles,system design and operational practices.In terms of the principle of personal information protection,it is necessary to determine the principles of information protection on the base of China mainland’s actual development,the China mainland can draw lessons from the "Personal Data(Privacy)Ordinance" in legislation and content,and establish a clear "personal information right".In the practice operation,China mainland shall absorb Hong Kong’s rich practical experience.The two places share common interests in the protection of cross-border personal information.By studying how to jointly build cross-border personal information protection cooperation mechanism and strengthen cross-border personal information protection supervision,the two places will provide a basis for jointly promoting the security of cross-border information circulation.