Hong Kong plans to revive mandatory data breach reporting law

Hong Kong's privacy watchdog plans to consult lawmakers this year on introducing mandatory data breach reporting and related penalties, after the legislative reform was put on hold in 2024 due to concerns over the local business environment. Privacy Commissioner for Personal Data Ada Chung Lai-ling revealed details of the proposed amendments to the city's privacy ordinance on Saturday, suggesting the measures could be implemented in phases.

Hong Kong's privacy watchdog announced proposed amendments to the privacy ordinance on Saturday, following the government's 2024 suspension of legislative reforms due to fears that the measures could harm the local business environment. Privacy Commissioner for Personal Data Ada Chung Lai-ling stated in a televised interview: "We really hope that we have some specific recommendations this year, so we can consult the Legislative Council," adding that the measures could be carried out in phases.

In 2024, authorities put on hold a legislative reform to empower them to penalise companies for data breaches. Erick Tsang Kwok-wai, the then secretary for constitutional and mainland affairs, suggested a "piecemeal approach" by first introducing minor improvements to minimise the impact on small businesses.

Chung said the Office of the Privacy Commissioner for Personal Data was considering measures such as mandatory reporting of data breaches and the introduction of administrative fines for such incidents. The plan aims to bolster personal data protection amid rising privacy-related complaints, fake hiring scams, and hacking threats. The watchdog hopes to advance these reforms through consultations with the Legislative Council this year, balancing privacy safeguards with business needs.

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