英譯概念：Social Media Privacy Issues
【明報專訊】Some social media use vague and general wording about the collection of users' personal data, the retention policy for personal data and the transfer of user personal data to third parties. One social media platform, for example, only states that it will "retain personal information for a certain period of time in accordance with applicable laws and the company's regulations."
Most of the social media platforms that Hong Kong people use are headquartered in the US. The Office of the Privacy Commissioner for Personal Data has pointed out that the Personal Data (Privacy) Ordinance in Hong Kong does not have extraterritorial jurisdiction. If, after an investigation, it is found that a data handler has violated the principles of data protection under the ordinance, the Privacy Commissioner can issue an enforcement notice and instruct the handler to take remedial measures. Violation of the notice is a criminal offense, and can result in a maximum fine of $50,000 and imprisonment for two years. However, there are no provisions for administrative fines under the current regulations.
Francis Fong, honorary president of Hong Kong Information Technology Federation, says that Hong Kong's privacy regulations lag behind international standards. He argues that if the authorities do not have the right to impose administrative fines on organisations, there will be no deterrent effect at all, and these organisations will be able to get away with losing millions of pieces of information by merely giving an apology. He says that many social media have claimed that they have not leaked personal information, but if someone gathers information by way of "web crawlers", this is still a grey area in cybersecurity laws around the world.
■Mock examination question
Make two suggestions on "how the government can protect the privacy of personal data on social media". Explain your answer with reference to the sources provided and your own knowledge. (4 marks)
(1) Suggestion 1:
Public Education
The government can step up its public education campaigns to enhance users' privacy protection awareness. In recent years, social media platforms have leaked personal data from time to time. In order to protect the privacy of citizens, the government can strengthen public education, such as recommending that citizens disable unnecessary location tracking functions. One can also create email accounts specially designed for social media.
(2) Suggestion 2: Amend the
Personal Data (Privacy) Ordinance
The government can amend the Personal Data (Privacy) Ordinance, which currently does not grant its enforcers extraterritorial jurisdiction, and there are no administrative penalty clauses. Francis Fong, honorary president of Hong Kong Information Technology Federation, argues that Hong Kong's privacy regulations lag behind international standards. If the authorities do not have the right to impose administrative fines on social media platforms, these platforms might lack the incentive to safeguard user privacy. The government can improve privacy regulations by, for example, drawing inspiration from the European Union's "General Data Protection Regulation", which stipulates that if an organisation or enterprise leaks the information of a citizen of a member states, it can be fined up to 4% of its total global annual turnover. Improving the privacy regulations will help strengthen the deterrent effect of the law and make organisations pay more attention to protecting user privacy.
Translated by Odyssey Lang
Topic: Technological development and information literacy
(本刊刊出的文章若提出批評，旨在指出相關制度、政策或措施存在錯誤或缺點，目的是促使矯正或消除這些錯誤或缺點，循合法途徑予以改善，絕無意圖煽動他人對政府或其他社群產生憎恨、不滿或敵意。)
[智學公民 第051期]
