CHINA ALERT: Hong Kong Data Protection Decision and New Guidance on October 18, 2010


On October 18, 2010, the Office of the Privacy Commissioner for Personal Data, Hong Kong (“PCO”) issued two critical reports that substantially define the direction of privacy protection regulation going forward. These reports were issued in the context of direct marketing by third parties to customers of a smartcard issuer. Though the PCO went to great lengths to say a balance must be struck between individual privacy and commercial marketing activity, the direction forward looks more weighted to consumer protection. If you wish a copy of either report, we would be pleased to provide it to you.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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