4
.
ONLY those specific act(s) or practice(s) taking Neutral. But PC envisages practical difficulties in N/A.
place in HK will be subject to the specific relevant dissecting the data cycle in different stage and then
Reference: sections 44-45 of Appellant,s reply statement
DPP or provision of the PDPO covering that act or applying different DPP/ PDPO provisions.
practice.
Issue 1A. The meaning of “processing,,under the
Processing Requirement
5
.
“Processing’’ has a narrow definition in the PDPO,
covering only amending, augmenting,deleting or
rearranging data” and thus,only acts which falls
within this narrow definition taking place in HK
will fall within the jurisdiction of HK.
“
Wider definition of “processing,,i.e. should be
construed to cover collection, holding, processing
No definitive view
and use of data.
X relies on the definition of the “processing” under the
PDPO 一 processing cover automated means or non-auto-
Different from GL
mated means under the PDPO.
Similar to X
X also relies on Google Spain and the 1995 EU Directive
to say GL's search engine falls within the meaning of
Different from PC and X
processing”
“
under 1995 EU Directive.
Rcfcrcncc: sections 46-54 of Appellant,s reply statement
Issue 2. Whether there is any control in or from
HK?
6
.
No. The search engine is controlled by Google
Same as GL
LLC,which is located outside of HK.
Different from X
Same as PC
At hearing X says that the domain name “google.com.hk”
is registered by Google (HK) Limited with the HKDNR.
Hence, Google HK has certain control on the data cycle in
,
HK.
Different from X
Reference: sections 141-146 ol、AppellaiU"s reply slatenient
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