recommendations contained in the report of the Law Reform Commission
"
( the LRC") on Reform of the Law Relating to the Protection of Personal
Data published in 1994 ("the LRC Report") (see paragraph 34 on page
723 of Commissioner ofPolice v Privacy Commissioner for Personal Data
[2012] 3 HKLRD 710).
34.
On the one hand, chapter 2.1 (i) (under the title: “information
"
privacy in the international context ) of the LRC Report provides that one
of the international aspects of information privacy of which local legal
reforms must be cognisant is
Uinternationally
recognised data protection
principles and the development and implications of transborder dataflow
regulation
”
.
Chapter 2.2 (under the same title) then provides that such
recommendations are based on the Organisation for Economic Co"
operation and Development ( OECD") Guidelines on the Protection of
Privacy and Transborder Flows of Personal Data ("the OECD Guidelines
(1980)").
35.
Chapter 2.9 (under the title: “international initiatives to rationalise
protection of information privacy) of the LRC Report provides that the
OECD "is primarily concerned with the economic development of its
member states [...] including not only many European countries but also
the United States, Australia, New Zealand and Japan”. It also states the
initiative to be “in an effort to introduce a rationalisation of the
international regulation of data flows". The OECD Guidelines (1980)
were developed by experts and became applicable in 1980.
36.
Paragraph la (under the title: “general definitions") of the OECD
Guidelines (1980) provides for a term, “data controller”, which means “a
25
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents