Motion Under Rule 49E (2) of The Rules of Procedure（2013.03.20）

MR CHAN KIN-POR (in Cantonese): President, in my capacity as Chairman of the Subcommittee on Personal Data (Privacy) (Amendment) Ordinance 2012 (Commencement) Notice, I now report to the Council on the deliberations on the Notice. The Notice was made under the Personal Data (Privacy) (Amendment) Ordinance 2012 (the Amendment Ordinance) to appoint 1 April 2013 as the day on which provisions of the Amendment Ordinance relating to direct marketing and legal assistance come into operation. The Subcommittee was mainly concerned about the preparatory work of the Office of the Privacy Commissioner for Personal Data (PCPD) and the readiness of organizations involved in direct marketing activities for the implementation of the relevant provisions on 1 April this year, such as their preparation of the necessary forms and written confirmation. In response to members’ concerns, the PCPD had briefed the Subcommittee on the promotional and public educational activities conducted, as well as the preparatory work done and manpower arrangements made for the implementation of the legal assistance scheme. Regarding the preparation of the form for data subjects to indicate consent/no objection and the written confirmation of oral consent, the PCPD advised that examples of standard formats had been provided to data users to facilitate their presentation of the written confirmation in a manner that was easily understandable or readable so as to comply with the requirements under the new regulatory regime. The Subcommittee had no objection to the implementation of the relevant provisions on 1 April this year and would not propose any amendment. Thank you, President.