Hong Kong’s Privacy Commissioner Welcomes the Enactment of the Apology Ordinance
(14 July 2017) The Privacy Commissioner for Personal Data, Hong Kong (“Privacy Commissioner”) Mr Stephen Kai-yi WONG welcomed the passing of the Apology Bill by the Legislative Council yesterday (13 July).
Mr Wong said, “The enactment of the Apology Ordinance will generally help to protect persons who wish to make an apology without fear of attracting legal liability. In the handling of complaints involving personal data privacy, the parties being complained against (“PCAs”) may become more willing to make an apology on, which helps ease the tension between the affected data subjects and the PCAs, and hence mitigate the damage to the data subjects. The legislation also generally facilitates and promotes conciliation of disputes by other means such as mediation. By making apologies, the PCAs are usually more co-operative and willing to accept the PCPD’s recommendations and take appropriate remedial measures in a positive manner.”
Having regard to past data breach cases involving government departments or public bodies, for those that made apologies, they also took prompt actions to mitigate the damages and took proactive steps toward data protection without delay.
The Privacy Commissioner believed that the enforcement of the Apology Ordinance will encourage the PCAs to become more willing to make apologies to the data subjects involved for infringement of their privacy rights, which generally facilitates and promotes conciliation of disputes.
hmm - July 16, 2017
Wonder how would have gone down with Ashley Madison?
Sorry we charged you extra for privacy and account erasure, then didn’t actually erase anything. Oh, and sorry for the pretend privacy and trust seals on our site which we made up. Sorry we didn’t really have any privacy plans or anything. But hey, now everyone knows you are into adultery. Always best to come out of the closet and build trust like that.
BTW, aren’t most settlements based on no admission of wrong-doing? Would this apology force them to admit wrong-doing?
Would love to see an apology letter skirt the issue of any wrong doing. Templates are likely already out. “We take your privacy very seriously….”