Electronic government and its implication for data privacy in Hong Kong: Can Personal Data (Privacy) Ordinance protect the privacy of personal information in cyberspace?

Abstract In the recent years, e-government has been considered to be an efficient and irreversible process that best serves the public interest. Since 1998, the Hong Kong government has implemented digital strategies with the vision to develop Hong Kong to become a leading digital city in the globally connected world. However, implementation of e-government cannot be separated from the collection and use of citizens' personal information. In this article, it is argued that while detailed administrative policies have been prescribed for the implementation of e-government, the Hong Kong Personal Data (Privacy) Ordinance (PDPO) has not been revised correspondingly to provide sufficient protection to citizens in the new online environment. The deficiencies of the PDPO cannot be remedied under the existing legal regime. It is suggested that PDPO should be reformed by, for example, enacting technologically specific data protection principles (DPPs). In order to avoid the possible argument that the e-government initiatives are unconstitutional under the Basic Law of Hong Kong, the said reform of the PDPO is urgently called for.