TELECOMS REGULATION — HONG KONG: HONG KONG’S CODE OF PRACTICE ON PROTECTION OF CUSTOMER INFORMATION FOR FIXED AND MOBILE SERVICE OPERATORS

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1. Introduction

On 17 June 2002, the Consumer Council, the Independent Commission Against Corruption (ICAC), the Office of Privacy Commissioner of Personal Data and the Office of the Telecommunications Authority (OFTA) issued a joint Code of Practice on the protection of Customer Information for Fixed and Mobile Service Operators (the Code). The Code applies to fixed and mobile operators, with the latter including current holders of 2G and 3G licences as well as mobile virtual network operators.

The objective

2. CURRENT LEGAL PROVISIONS AND/OR LICENCE CONDITIONS RELATING TO THE PROTECTION OF CUSTOMER DATA

Fixed and mobile service operators and/or their staff may incur liability for the unauthorized disclosure of customer data. Checks against such disclosure are also contained in the terms of licences of fixed and/or mobile telecoms operators.

One of the six principles of the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO), namely principle 4, requires data users (i.e. entities collecting personal data) to take practicable steps to ensure that personal data is protected from unauthorized use,

3. NEW GUIDELINES

The Code sets out guidelines for fixed and mobile service operators in preventing the unauthorized disclosure of customer information by their staff. They include having a policy on the protection of customer personal data; adopting technical measures for the protection of customer personal data; ensuring location security; ensuring that security is maintained by staff; and having a policy on and clear procedures for the transfer of customer personal data.

4. CONCLUSION

The Code provides useful guidelines for fixed and mobile telecoms operators in relation to the protection of personal data of customers. As the Code is voluntary and has not been issued under any particular ordinance, no presumption will arise against a telecoms operator that does not adopt the Code, in the event of a dispute over the disclosure of customer information. It is hoped that the legal sanctions outlined at the beginning of this article will, in any event, provide the right incentive

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Lovells, Hong Kong

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