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under section 39(2)(d) of the Personal Data (Privacy) Ordinance (Cap. 486) " ( the Ordinance") and in accordance with paragraph 8(e) of their , Complaint Handling Policy ("the Policy"). 10. Section 39(2) (under the title: "restrictions on investigations initiated by complaints") of the Ordinance provides that: " The Commissioner may refuse to carry out or decide to terminate an investigation initiated by a complaint if he is of the opinion that , having regard to all the circumstances of the case- fa) the complaint, or a complaint of a substantially similar nature, has previously initiated an investigation as a result of which the Commissioner was of the opinion that there had been no contravention of a requirement under this Ordinance; (b) the act or practice specified in the complaint is trivial; (c) the complaint is frivolous or vexatious or is not made in goodfaith; (ca) the primary subject matter of the complaint as shown by , the act or practice specified in it is not related to privacy of , individuals in relation to personal data; or (d) any investigation or further investigation is for any other " reason unnecessary. (emphasis added) 5

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X v. Privacy Commissioner for Personal Data

Case Law

Country

Hong Kong

Country Location

Latitude: 22.3964

Longitude: 114.1095

Country Location (linked Case Law): Hong Kong

Decision Date: 7 de ago. de 2020

Case Status: Closed

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 (self)

Source Name and URL: Global Freedom of Expression

Collection

Columbia

Date Updated: 3 de jul. de 2024

Primary Documents

Judgment
English
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CYRILLA: Global Digital Rights Law

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X v. Privacy Commissioner for Personal Data

Primary Documents

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