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
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