On 28 September 2023, the Cybersecurity Administration of China (CAC) released the Draft Provisions on Regulating and Promoting Cross Border Data Flow (规范和促进数据跨境流动规定) (Draft Provisions) for public consultation. The Draft Provisions, if passed, will ease the requirements around cross border data transfer under the Personal Information Protection Law (PIPL). The consultation closed on 15 October … Continue reading
As data breaches and cyber-attacks continue to surge and attackers become more sophisticated, a comprehensive data breach response plan and robust data security measures are becoming increasingly important. In Hong Kong, the Office of the Privacy Commissioner for Personal Data (the PCPD) recently published a revised Guidance on Breach Handling and Data Breach Notifications (the … Continue reading
The Provisional Administrative Measures of Generative Artificial Intelligence Services (Generative AI Measures), were published by the Cyberspace Administration of China (CAC), together with six other authorities, on 13 July 2023 and will take effect from 15 August 2023. The Generative AI Measures, along with the likely enactment of the Artificial Intelligence Law in the 2023 legislative … Continue reading
Introduction To enable international businesses to comply with cross-border personal data transfers and the relevant laws across the European Union (EU) and South-East Asia, on 24 May 2023 the European Commission and the Association of Southeast Asian Nations (ASEAN) published a Reference Guide to ASEAN Model Contractual Clauses (ASEAN MCCs) and EU Standard Contractual Clauses … Continue reading
On 7 June 2023, at the ATxAISummit, Singapore launched the AI Verify Foundation, which aims to “harness the collective power and contributions of the global open source community” in order to develop the AI Verify testing tool for the responsible use of AI. In this short post, we discuss this development as well as the … Continue reading
The reform of Hong Kong’s Personal Data (Privacy) Ordinance (Cap.486) (the PDPO) is back on the agenda. In our earlier post in 2020, we reported that the Constitutional and Mainland Affairs Bureau published a discussion paper (the Discussion Paper) seeking the Legislative Council’s Panel on Constitutional Affairs’ (the Panel) views on proposed changes to the … Continue reading
As data breaches and cyber attacks continue to surge and attackers become more sophisticated, organisations are well aware that the need for robust data security measures is becoming increasingly important. In Hong Kong, the Office of the Privacy Commissioner for Personal Data (the PCPD) recently published a Guidance Note on Data Security Measures for Information … Continue reading
The Attorney General’s Department released its Privacy Act Review report on 16 February 2023, that includes the broad suite of reforms you would expect to bring Australia’s privacy laws in to line with both international standards and the reality of our data-based economy. These include enhanced data subject rights and increased accountability requirements for organisations collecting and … Continue reading
Major privacy law reform in Australia gathered pace this week, with newly tabled legislation proposing to significantly increase penalties for privacy breaches, among other reforms. Now is the time to start asking questions In preparation for these reforms, companies that collect and process personal information should be asking the following questions: Do we know what … Continue reading
The long awaited details with respect to cross border data transfer under the China Personal Information Protection Law (PIPL) have very recently been published by the Chinese authorities. The details are set out in three documents: final Certification Guidelines for Cross Border Data Transfer (网络安全标准实践指南 – 个人信息跨境处理活动安全认证规范 “) (“Certification Guidelines“) released on 24 June 2022; … Continue reading
Introduction Significant changes to the law with respect to security of critical infrastructure in Australia, including enhanced cybersecurity incident reporting requirements and the inclusion of further asset classes have been passed. On 22 November 2021, the Security Legislation Amendment (Critical Infrastructure) Bill 2021 (Bill) passed both houses of the federal parliament of Australia and will … Continue reading
This article was co-authored with India Bennett. After months of anticipation regarding the ongoing review of the Privacy Act 1988 (Cth), the Federal Government has galvanized the Australian privacy landscape with two significant developments. Firstly, the Government has released a discussion paper about the reform of the Privacy Act. The discussion paper considers stakeholder feedback on the issues paper released in October 2020 … Continue reading
The Cyberspace Administration of China (CAC) released the draft Security Review Measures for Cross-Border Data Transfer (the Draft Security Review Measures) for public comments on 29 October 2021 – shortly before the effective date of the Personal Information Protection Law (PIPL), 1 November 2021. The three pillars of China’s cyber security and data legislation – … Continue reading
The Singapore High Court and the Hong Kong District Court have both considered the right to compensation for injury to feelings in two recent cases involving misuse of personal data but arrived at different conclusions. Singapore: In Bellingham, Alex v. Reed, Michael, Mr. Bellingham obtained the email addresses of his former employers’ customers without their … Continue reading
The Personal Data (Privacy) (Amendment) Bill 2021 (the Bill) aimed at combatting doxxing in Hong Kong was passed on 29 September 2021. As discussed in our earlier post, the Bill amends the Personal Data (Privacy) Ordinance (PDPO) by: introducing offences to criminalize doxxing acts; empowering the Privacy Commissioner for Personal Data (the Commissioner) to conduct … Continue reading
China passed its Personal Information Protection Law (PIPL) on 20 August 2021. This is China’s first omnibus data protection law, and will take effect from 1 November 2021 allowing companies just over two months to prepare themselves. The PIPL is a game changer for any company with data or business in China. It will add … Continue reading
China passed its Personal Information Protection Law (PIPL) on 20 August 2021. The new law will take effect from 1 November 2021 allowing companies just over 2 months to prepare themselves. The full text has not been made public yet. In addition, China published the Provisions on the Administration of Security of Automobile Data (For … Continue reading
China’s Cyber Security Law (CSL), enacted in 2016, requires operators of critical information infrastructure (CII) to follow a number of enhanced security obligations, including storing within China all personal information and important data collected or generated during their operations in China. Given the more onerous obligation on CII operators, we are constantly asked the same … Continue reading
China’s much anticipated Personal Information Protection Law (PIPL) is very likely to pass this month after the conclusion of the 30th meeting of the Standing Committee of the National People’s Congress, which is to be held in Beijing on 17-20 August. This follows the enactment earlier this year of the Data Security Law (DSL), which … Continue reading
The Personal Data (Privacy) (Amendment) Bill 2021 (the Bill) was gazetted today, 16 July 2021. The Bill aims to combat doxxing acts through (i) criminalisation of doxxing acts; (ii) empowering the Privacy Commissioner for Personal Data to conduct criminal investigation and institute prosecution for doxxing cases; and (iii) conferring on the Commissioner statutory powers to … Continue reading
The Hong Kong Government is proposing amendments to the Personal Data (Privacy) Ordinance (the “PDPO”) to combat doxxing acts. On 17 May 2021, the Constitutional and Mainland Affairs Bureau (the “CMAB”) published a discussion paper on the proposed amendments to the Personal Data (Privacy) Ordinance to combat doxxing acts (LC Paper No. CB(4)974/20-21(03)) (the “Paper”). … Continue reading
As countries around the globe continue to battle the COVID-19 pandemic, contact tracing apps continue to evolve and be developed. On November 16, 2020, the Hong Kong government is launching a voluntary contact tracing app. The app, known as LeaveHomeSafe, will enable users to record the date and time they visited participating venues by scanning … Continue reading
May 12, 2020 Norton Rose Fulbright today launched its survey analysing regulatory and policy issues applicable to COVID-19 contact tracing and related tracking technology across 18 jurisdictions. The global survey explores key issues across Australia, Canada, China, France, Germany, Hong Kong, Italy, Indonesia, Russia, Poland, Singapore, South Africa, Thailand, The Netherlands, Turkey, UAE, UK and … Continue reading
The COVID-19 pandemic has seen governments across the world restricting civil liberties and movement to unprecedented levels. To aid the safe lifting of current public health restrictions, new technologies are being developed and rolled out to automate labour intensive tasks critical to containing the spread of the virus, such as contact tracing. Contact tracing applications … Continue reading