IV. Governance issues
The Commissioner has had informal discussions with the EU over the question of the adequacy of data protection under the EU Data Protection Directive, but has not received a formal reply.1
As one of the drafters of the APEC Privacy Framework (the Framework), Hong Kong is an active member of the APEC negotiations. In June 2005, the country hosted the first APEC Electronic Commerce Steering Group (ECSG) technical assistance seminar. The PCPD has taken an active role in developing the Framework as the process moves into the implementation phase. In Hong Kong, privacy protections are derived from the provisions of the PCPD and therefore have statutory backing. Indeed, every effort is being made to enhance those provisions, and the powers of the Privacy Commissioner, by seeking a number of amendments to the PCPD. Since 2007, together with APPA members the PCPD has organised an international promotional campaign, Privacy Awareness Week, aimed at raising privacy awareness in the region every year. In November 2009, the APEC Ministers endorsed the APEC Cooperation Arrangement for Cross-Border Privacy Enforcement ("Cooperation Arrangement") in Singapore, which is an important deliverable of the Data Privacy Subgroup, the result of endless discussions by members including the Commissioner, who was an active participant throughout the development of this document.
- 1. Data Protection Working Party Article 29, Fourth Annual Report on the Situation Regarding the Protection of Individuals with regard to the Processing of Personal Data and Privacy in the Community and in Third Countries Covering the Year 1999: Part II, May 17, 2001, 5019/EN/WP 46, 20. The Working Party entered into preliminary discussions on the level of protection in Hong Kong, but has not yet reported back.