Later into our research phase, we decided to include Hong Kong and Nepal into our scope of further research.
The Personal Data (Privacy) Ordinance (PDPO) was enacted in 1995 to protect the privacy of individuals in relation to personal data. But Hong Kong has only witnessed a narrow interpretation of what qualifies to be personal data that warrants legal protection by the Privacy Commissioner and by the Courts. In addition, reports of high-profile leakage of personal data by the Police Force, Hospital Authority, Hong Kong Banks have become regular headline news.
Public safety incidents have caused the Government and law enforcement agents to call for a more extensive CCTV network, along with face-monitoring and related technologies. There are now plans to have pro-active monitoring on the Internet, including monitoring file-sharing activities through the use of deep-packet inspection techniques. These new technologies lack clear legal frameworks, however.
Nepal is at a key moment in its history as it embraces democratic rule and the rule of law. Nepal is currently operating under an interim constitution, which does not have a specific Privacy Act. The newly elected Constitution Assembly is in the process of drafting the new constitution of Nepal. This offers a great opportunity to influence policy making. The challenge is that there is a lack of awareness of privacy and data protection issues, and a lack of awareness about the available protections.