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Issue 7. The application of the balancing exercise for RtbF 13 After considering the 13 criteria set out in the UK case of NT1 & NT2, the present case is not a suitable case for a de-listing order. Same as PC Different from X Same as GL. Different from X Different from GL and PC. Please see refer para 86-91 of the Grounds of Appeal.

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X v. Privacy Commissioner for Personal Data

Case Law

Country

Hong Kong

Country Location

Latitud: 22.3964

Longitud: 114.1095

Country Location (vinculado Case Law): Hong Kong

Decision Date: 7 ago 2020

Case Status: Cerrado

Case Outcome (Procedural)

Affirmed Lower Court
Motion Denied

Keywords

Defamation / Reputation
Digital Rights
Right to be Forgotten

Judicial Body: Administrative Court

Court Name: Hong Kong Administrative Appeals Board

Case Number: Appeal No. 15/2019

Case Summary: In 2020, the Hong Kong Administrative Appeals Board determined that the territorial boundary of the Personal Data (Privacy) Ordinance extended only to data users who have operations controlled in/ from Hong Kong. The Board rejected an Appeal where an individual sought Google LCC to delist links from its search engine results as they led to the news pertaining to his arrest for participation in a protest, thereby infringing his right to be forgotten. While the Ordinance dealt with a specific area of trans-border transfer of data, it did not make any inference to widen its applicability to persons outside of Hong Kong. By application of “the sole and proper” test, the Board held that Google LLC did not qualify as a data user under the Ordinance as no part of the data cycle (i.e., collection, holding, processing, and use) was based out of Hong Kong. Further, the Appellant had failed to point out substantive and convincing materials both within and outside of the Ordinance to support the extra-territorial applicability of the Ordinance. The Board concluded that there was no independent right to be forgotten under applicable laws of Hong Kong.

Case Significance: This decision expands freedom of expression since it established that the territorial jurisdiction of the Personal Data (Privacy) Ordinance only extends to data users who have operations controlled in or from Hong Kong. Further, freedom of expression has also been expanded, on the basis of the absence of extra-territorial jurisdiction, as the public right to access information has been given weightage over privacy rights of an individual. Likewise, through this ruling, the Board clarified that an independent “right to be forgotten” did not exist under Hong Kong’s privacy law and a right of erasure could only be enforced, strictly, in terms of the Ordinance.

The decision establishes a binding or persuasive precedent within its jurisdiction.

The significance of this case is undetermined at this point in time.

Related Caselaw

Source Name and URL: Global Freedom of Expression

Collection

Columbia

Date Updated: 3 jul 2024

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Judgment
English
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CYRILLA: Global Digital Rights Law

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X v. Privacy Commissioner for Personal Data

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