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Crisis of personal data protection during the construction of e-government: reaction and limits of Hong Kong privacy laws

Published: 10 December 2007 Publication History

Abstract

The government of Hong Kong has achieved remarkable staged results according to its comprehensive E-government blueprint. At the same time, it is its statutory responsibility to protect privacy and personal data. However, there has been a succession of incidents of unauthorized leakage onto the Internet of personal data held by the agencies of Hong Kong government since 2006. These incidents occurred during the implementation of E-government, and aroused the public's deep concern of their privacy rights impacted by the Internet and the security of their personal data held by government agencies. This paper studies two typical cases of personal data leakage, one arising during the internal outsourcing process, the other occurring in external online service to citizens. It analyzes how the existing privacy regime addresses privacy intrusion and whether the redress is sufficient, before exploring the defects of the remedy system as well as the ways of improving legal protection of personal data within E-government environment.

References

[1]
Berthold, M. and Wacks, R. Hong Kong Data Privacy Law: Territorial Regulation in a Borderless World, Sweet & Maxwell Asia, Hong Kong, 2003.
[2]
Greenleaf, G. Hong Kong: Can I get a remedy? Privacy Laws & Business International Newsletter, Issue 81, Feb/March 2006, 14.
[3]
Paskaleva-Shapira, K. Transitioning from e-Government to e-Governance in the Knowledge Society: The Role of the Legal Framework for Enabling the Process in the European Union's Countries. In Proceedings of the 2006 international conference on Digital government research, (San Diego, California, U.S., May 21-24, 2006). ACM Press, New York, NY, 2006, 181.
[4]
Maurushat, A. Who Let the Cat out of the Bag? Internet Data Leakage and Its Implications for Privacy Law and Policy in Hong Kong. 36 Hong Kong Law Journal 7, 2006, 11.
[5]
Raul, A. C. Privacy and the digital state: Balancing public information and personal privacy, Kluwer Academic Publishers, Boston, 2001, 53--56.
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Yu, J. W. K. Electronic Government and its Implication for Data Privacy in Hong Kong: Can Personal Data (Privacy) Ordinance Protect the Privacy of Personal Information in Cyberspace? International review of law, computers and technology, Vol 19, No.2, 2005, 143--163.
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Hong Kong Law Reform Commission. Civil liability for invasion of privacy report, 2004.

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  • (2010)Enhancing the Social Issues Components in our Computing CurriculumProceedings of the 2010 ITiCSE working group reports10.1145/1971681.1988996(117-133)Online publication date: 28-Jun-2010

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    cover image ACM Other conferences
    ICEGOV '07: Proceedings of the 1st international conference on Theory and practice of electronic governance
    December 2007
    471 pages
    ISBN:9781595938220
    DOI:10.1145/1328057
    Permission to make digital or hard copies of all or part of this work for personal or classroom use is granted without fee provided that copies are not made or distributed for profit or commercial advantage and that copies bear this notice and the full citation on the first page. Copyrights for components of this work owned by others than ACM must be honored. Abstracting with credit is permitted. To copy otherwise, or republish, to post on servers or to redistribute to lists, requires prior specific permission and/or a fee. Request permissions from [email protected]

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    Association for Computing Machinery

    New York, NY, United States

    Publication History

    Published: 10 December 2007

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    Author Tags

    1. Hong Kong
    2. e-government
    3. legal deficiency
    4. personal data protection
    5. privacy law

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    ICEGOV '07 Paper Acceptance Rate 33 of 130 submissions, 25%;
    Overall Acceptance Rate 350 of 865 submissions, 40%

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    • (2011)Enhancing the social issues components in our computing curriculumACM Inroads10.1145/1929887.19299072:1(64-82)Online publication date: 25-Feb-2011
    • (2010)Enhancing the Social Issues Components in our Computing CurriculumProceedings of the 2010 ITiCSE working group reports10.1145/1971681.1988996(117-133)Online publication date: 28-Jun-2010

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