Sep 292012
 
 September 29, 2012  Posted by  Laws, Non-U.S.

The Hong Kong Privacy Commissioner released a new leaflet  (download here) this week reminding everyone of the new rules on disclosure of personal data that go into effect on October 1.  From the accompanying press release:

1. Under the Personal Data (Privacy) (Amendment) Ordinance 2012, which will come into effect on 1 October 2012, it is an offence for a person to disclose any personal data of a data subject obtained from a data user without the latter’s consent and with an intent to (i) obtain gain for himself or another person, or (ii) cause loss to the data subject.  It is also an offence if the unauthorized disclosure, irrespective of its intent, causes psychological harm to the data subject.  The maximum penalty for these two new offences is a fine of $1,000,000 and imprisonment for 5 years.

Read more of the release here.  Impressive that they include psychological harm regardless of intent.

Don’t you just hate it when others have  more protective privacy laws than your own country provides you?

Sep 292012
 
 September 29, 2012  Posted by  Laws, Non-U.S.

Gabriela Kennedy writes:

The Hong Kong Privacy Commissioner for Personal Data  recently issued a guidance note entitled “Guidance on Collection of Fingerprint Data”  to provide guidance to data users on how to comply with the Personal Data (Privacy) Ordinance  when collecting fingerprint data. The Guidance Note elaborates on a guidance note published by the Commissioner in 2007 in light of the Commissioner’s views adopted in relation to numerous enquiries and investigations relating to the collection of fingerprint data since the 2007 Guidance Note was issued.

Read more on Chronicle of Data Protection.

Sep 292012
 
 September 29, 2012  Posted by  Laws, Youth & Schools

An editorial in the Press-Citizen expresses concerns that universities increasingly misuse or misapply FERPA to shield records from public disclosure by declaring them “educational records.” You can read the editorial here.  The paper had previously reported on some of the inconsistent responses they received to requests under open records law.

 

Sep 292012
 
 September 29, 2012  Posted by  Surveillance, U.S.

Trevor Timm writes:

Former New York Times reporter Kurt Eichenwald’s new book, published last week, provides yet more details about how the the NSA’s unconstitutional warrantless wiretapping program came about, and confirms that even top Bush Administration lawyers felt there was a “strong argument” that the program violated the law. “Officials might be slammed for violating the Fourth Amendment as a result of having listened in on calls to people inside the country and collecting so much personal data,” Eichenwald wrote, and “in the future, others may question the legality” of their actions.

Read more on EFF.