Under common law principles, these terms will be subject to the court's interpretation or construction. In particular, the PDPO does not target other data-related cybercrimes, such as data theft and the theft of confidential information or trade secrets.Īgainst this background, the terms ‘cybersecurity', ‘cybercrime' and ‘data protection' are thus not expressly defined in statutes. While the PDPO is sometimes viewed as Hong Kong's cybersecurity law, it is in fact technology neutral and covers personal data presented in any format and form, not just digital content. As one of the first data protection laws in Asia, the PDPO aims to regulate the collection, use, storage and handling of information capable of identifying living individuals. However, the Personal Data (Privacy) Ordinance (PDPO) (Chapter 486 of the Laws of Hong Kong) was enacted in 1996. Hong Kong has yet to enact legislation on cybercrime or cybersecurity, and there are no plans to do so in the near future. 1 Legal framework 1.1 Does the law in your jurisdiction distinguish between ‘cybersecurity', ‘data protection' and ‘cybercrime' (jointly referred to as ‘cyber')? If so, how are they distinguished or defined?
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