Jul 06, 2021 11:44:00

Hong Kong's data protection law 'may lead to individual prosecution of employees', Google, Rakuten and other coalitions suggest service suspension

The Asian Internet Union (AIC) , which includes members such as Google, Apple, Facebook and Rakuten, has expressed concern about the proposed amendment to the data protection law in Hong Kong. Individual employees could be prosecuted if the company does not comply with data protection legislation that 'requires the prompt deletion of information that could lead to individuals online,' AIC said. Refrain from providing services in Hong Kong. '

Facebook, Twitter, Google Threaten to Quit Hong Kong Over Proposed Data Laws --WSJ
https://www.wsj.com/articles/facebook-twitter-google-warn-planned-hong-kong-tech-law-could-drive-them-out-11625483036

Facebook, Google and other tech giants could stop offering services in Hong Kong if anti-doxxing law goes ahead in proposed form, internet coalition warns | South China Morning Post
https://www.scmp.com/news/hong-kong/law-and-crime/article/3139926/facebook-google-and-other-tech-giants-could-stop

In May 2021, the Hong Kong government proposed an amendment to the Data Protection Law, stating that 'it is necessary to deal with the'exposing act of others' that was prevalent during the democratization demonstration that occurred from 2019.' .. The law states that 'if you continue to expose images of others or other personal information taken in public for the purpose of intimidating, harassing or psychologically harming you, you will be fined up to HK $ 1 million. I will impose a sentence and imprisonment of up to 5 years. ' In addition, when the amendment is approved, companies that operate SNS etc. will need to respond promptly to deletion requests.

However, AIC pointed out that 'the law has ambiguous expressions such as the definition of bleaching.' We have sent

a letter (PDF file) expressing concern to government authorities. In a letter, AIC said, 'The amendment could be a crime to crack down on individuals' free expression and just share information online.' 'Deleted posts without review.' 'If you continue, you risk invading your freedom of expression.' 'Individual local employees of Internet companies may be at risk of criminal investigation and prosecution.' 'The only way to avoid these sanctions on technology companies.' The way is to refrain from investing in and servicing Hong Kong. '

Analysts estimate that Facebook, Google, and others have nearly 100 employees in Hong Kong, and AIC is trying to avoid imposing unnecessary liability on individuals. AIC also acknowledged the importance of privacy, but stated that 'all preventative measures that could limit freedom of expression must be built on the principle of proportionality,' suggesting a clearer definition of the law. And requested a video conference for discussion.

A spokeswoman for the Hong Kong authorities admitted that they had 'received the letter,' and said, 'We are strongly concerned that the amendment has nothing to do with freedom of speech and may have some impact on the expansion of foreign companies into Hong Kong. I argue. ' 'The amendment will be submitted to the Legislative Council and will be approved by the end of the session,' said Paul Haswell, head of a law firm based in Hong Kong.