Keynote Speech by Mr. Rimsky Yuen SC
Secretary for Justice
Opening Ceremony of the Open Session
The 39th International Conference of
Data Protection and Privacy Commissioners
28 September 2017 (Thursday)
Mr. John Edwards [Chairman of the International Conference of Data
Protection and Privacy Commissioners], Mr. Stephen Wong [Privacy
Commissioner for Personal Data of the HKSAR], Representatives of Data
Protection Authorities, Distinguished Guests, Ladies and Gentlemen,
On behalf of the Government of the Hong Kong Special
Administrative Region (HKSAR), may I extend our warmest welcome to
all of you here, especially to those who came from other jurisdictions to
participate in this Conference. The International Conference of Data
Protection and Privacy Commissioners was first convened in 1979, and has
since become the annual premier global forum for data protection
authorities and stakeholders in the private sector for almost four decades.
We are very glad to see the return of this Conference to the HKSAR
18 years after we first hosted it in 1999. Hong Kong is an international city.
We always welcome exchanges with the international community on issues
of common interest. Data and privacy protection of course fall within this
category.
What makes the return of this Conference to the HKSAR even more
delightful is that it coincides with the 20th anniversary of the establishment
of the HKSAR. An array of celebration activities have been staged, and the
holding of this Conference is one of them. Besides, the holding of this
Conference in the HKSAR also gives us an opportunity to demonstrate our
steadfast commitment to personal data privacy protection as well as our
willingness and readiness to co-operate with the international community in
enhancing such protection.
Importance of Personal Data Privacy Protection
The theme of this year’s Conference is “Connecting West with East
in protecting and respecting data privacy”. Allow me to say that this is a
very well chosen theme.
The connection of the West with the East is a natural consequence
of globalization as well as the advance of technology. Social media,
e-commerce and other forms of internet connection have greatly facilitated
communication and cross-boundaries activities between the West and the
East. In the past, people said “who controls petroleum controls the world”.
Nowadays, people say “who controls data controls the world”. This change
vividly reflects the growing importance of data.
As a matter of fact, data do play an increasingly important role in
improving our life and in the information economy, whether in the contexts
of the Big Data, the Internet of Things or Artificial Intelligence. However,
the more data is being used in our everyday life, the higher the risks of
abuse (whether intentional or otherwise), and hence the more importance it
is to ensure and enhance data and privacy protection.
The importance of personal data privacy protection does not depend
on one’s race, nationality or ethnic origins. People in the East deserve
personal data privacy protection as much as people in the West, although of
course we need to recognize and respect the unique circumstances of every
jurisdiction. Nonetheless, we have a lot to learn from each other, and this
also explains why this Conference is such a valuable opportunity for us to
share our experience.
The HKSAR – An Example of East meets West
The HKSAR is a classic example of East meets West. As an
international and cosmopolitan city, Western and Eastern culture mix well
here.
One unique feature of the HKSAR is that under the “one country,
two systems” policy, the HKSAR is the only jurisdiction in China which
adopts a common law legal system, as guaranteed under the Basic Law
(which is our constitutional document).
The Basic Law lays the legal foundation and constitutional bedrock
for the rule of law, including the continuation of the protection of human
rights in the HKSAR, which is a core value of our community.
Fundamental human rights are well preserved under the Basic Law. Of
particular relevance is Article 30 of the Basic Law, which provides that
“the freedom and privacy of communication of Hong Kong residents shall
be protected by law. No department or individual may, on any grounds,
infringe upon the freedom and privacy of communication of residents
except that the relevant authorities may inspect communication in
accordance with legal procedures to meet the needs of public security or of
investigation into criminal offences.”
Further, Article 39 provides that, “the provisions of the
International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, and international
labour conventions as applied to Hong Kong shall remain in force… [and]
the rights and freedoms enjoyed by Hong Kong residents shall not be
restricted unless as prescribed by law. Such restrictions shall not
contravene the provisions of the [the said covenants and conventions as
applied to Hong Kong]”
As important as the Basic Law and our human rights legislation
such as the Bills of Rights Ordinance, an independent judiciary is also
guaranteed under the Basic Law. Our Court of Final Appeal has been
vested with the power of final adjudication by the Basic Law. This final
appellate court comprises not only the best judicial brains within Hong
Kong, but also top and leading jurists from other common law jurisdictions
including the United Kingdom and Australia sitting as non-permanent
judges.
The Belt and Road Initiative
The theme of this Conference emphasizes connections and
collaborations. To a great extent, it coincides with the Belt and Road
Initiative, which was first proposed by President Xi in 2013.
The Belt and Road refers to the “Silk Road Economic Belt” and the
“21st Century Maritime Silk Road”. The routes cover more than 60
jurisdictions from Asia to Middle East, and to Europe. The Belt and Road
Initiative provides a visionary blueprint for global economic development,
and offers a modern-day solution that fosters inclusive growth and
development in the 21st century. It will also act as a catalyst for
connectivity, convergence and collaboration.
Under the “one country, two systems” policy and, with other unique
attributes that help make the HKSAR an international commercial and
financial centre, the HKSAR is best positioned to play the role of a
facilitator and a promotor for trade and investment between the Mainland
and the rest of the world under the Belt and Road Initiative. Our
comprehensive and robust legal system that guarantees individuals’ rights,
including the data privacy protection, provides the appropriate
infrastructure that facilitates free flow of information and cross border
transfer of data amongst different jurisdictions in the midst of the
data-driven economy boom.
Internationally, data privacy protection is a fast growing area of the
law. Any enterprise intending to tap on the opportunities generated by the
Belt and Road Initiative must take proactive steps to prepare for the
challenges ahead. I can give two examples. One is online dispute resolution,
which is getting more and more popular but which raises, among others,
complex issues such as data privacy protection. Another example is the
General Data Protection Regulation of the European Union, which will be
effective in May 2018, introduces significant changes to European Union
member states and beyond on strengthening individuals’ fundamental
rights in the digital age and facilitating business, by simplifying rules for
companies in the Digital Single Market. I am sure those who are present
today, especially the representatives from the EU data protection
authorities and the privacy experts, will provide us with more insights on
this.
Concluding Remarks
Ladies and Gentlemen, the HKSAR has a key role to play in
connecting the West and the East. Data privacy protection and free flow of
data will continue to be the core values in taking forward such a policy
initiative. Hong Kong has been the most popular data centre in the region
and is ready to serve as a data hub for the Belt and Road Initiative,
facilitating transfer and storage of data, connecting and converging ideas
and information between the Mainland and the rest of the world.
As is now often said, data is the key to the future. I would venture
to say as professionals, experts, academics and other interested parties in
this field, you all play a pivotal role in shaping the development in this area
of the law.
Before I conclude, may I express my gratitude to the Privacy
Commissioner, Mr. Stephen Wong, and his colleagues for organizing this
event in the HKSAR which provides an excellent platform for exchanging
ideas on how the topical and most sticky issues in this area could be
addressed.
On this note, it remains for me to wish this Conference every
success. For those who have come from the Mainland or overseas
jurisdictions to attend this event, may I also wish you an enjoyable stay in
the HKSAR. In this regard, I can guarantee there will be absolute free flow
of data regarding good restaurants, good shopping places and good
sightseeing spots showing how the West mixes well with the East.
Thank you.