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Commissioner Pleased with Amendments

PRIVACY LAW—HONG KONG

March 2, 2012

After initial objections to the proposed Personal Data (Privacy) (Amendment) Bill 2011, Privacy Commissioner for Personal Data Allan Chiang says he is "pleased that the administration has finally agreed to delete the provisions regarding 'delayed notification' and 'deemed consent,'" according to a media statement. "Under the amended proposal, if an organisation uses or sells a customer's personal data, it must receive written consent or the customer must not have not opted out. "Ideally, we prefer that the customer's reply could take the form of 'opt-in'... However, as it would take time for the consumer market to adjust to an 'opt-in' regime," Chiang said, in the interest of protecting consumer data, "I accept the 'opt-out' regime as a transitional arrangement."
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