"
20. The Ordinance imposes obligations on a data user to erase
personal data. DPP 2(2) provides that all data users must take all
practicable steps to ensure personal data is not kept longer than is
necessary to fulfil the purpose for which it is (or is to be) used.
Nonetheless,
the
erasure
of personal data
is
considered
unnecessary where it is in the public interest (including historical
interest) for the data not to be erased.
21. In the present complaint, the Incident was widely reported by
the press, and were further disseminated and discussed on various
online forums.
It aroused wide public concern.
We therefore
consider that the information on your arrest published through the
Links was for journalistic purposes, and there is [no] unlawful
interest in displaying the Links.
22. We understand your view that the [']right to be forgotten[,]
should be established in Hong Kong. However, the Ordinance
currently does not explicitly provide an individual with such right.
For the sake of discussion, the right to be forgotten under Article
17 of the General Data Protection Regulation (GDPR) gives an
individual a right to require organisations / businesses to delete his
personal data without undue delay under specified circumstances,
including where the personal data is no longer necessary in
relation to the purposes for which it is collected. Nonetheless, the
right to be forgotten is about empowering individuals
'
reasonable
control over their personal data, not about indiscriminately erasing
past events. Neither is it meant to take precedence over freedom of
expression and information, albeit the continued existence and
9
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