Kong which is controlled from outside the territory should not be subject to the general application of the law, although certain provisions such as those relating to data security may be applied. 18.11 Whilst we consider the control test generally adequate in determining the application of the law to data processors in Hong Kong, to avoid uncertainty we think it should be supplemented in one respect. We recommend that data processing: involved in the collection of data within Hons Kona should be subject to the application of the law. " Collection " in this context should extend to what may he characterized as the "capture" of data by, for example, an operator keying in instructions to another data user outside Hong Kong. Such collections/captures could perhaps be viewed as evincing the exercise of control over data within Hong Kong. To this extent it may be viewed as a particular application of the control test rather than as a supplement to it." (emphasis added) E3. The EU Directives & the EU GDPR 39. In respect of “the draft Directive” as referred to at the end of chapter , 17.18 of the LRC Report, chapters 2.13 - 2.14 (under the title: “international initiatives to rationalise protection of information privacy) of the LRC Report states: " 2 . 13 Commission of the European Communities draft Directive The latest chapter in international efforts to rationalise the legal protection of information privacy is being compiled by the 34

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