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Media Statement - Novel regulatory solutions with accountability as framework and engaging and incentivising approach needed Privacy Commissioner Delivers Opening Remarks in Panel Session at 66th American Bar Association Antitrust Law Spring Meeting 20

Date: 12 April 2018

“Novel regulatory solutions with accountability as framework and engaging and incentivising approach needed” Privacy Commissioner Delivers Opening Remarks in Panel Session at 66th American Bar Association Antitrust Law Spring Meeting 2018 in Washington DC, the United States

The Privacy Commissioner for Personal Data, Hong Kong (Privacy Commissioner) Stephen Kai-yi WONG was invited to deliver opening remarks and participate in a panel debate session entitled “Protecting Consumers and Competition - International Emerging Technologies” at the 66th American Bar Association (ABA) Antitrust Law Spring Meeting 2018 held in Washington DC, the United States on 11 April 2018. The event was attended by more than 3,000 legal practitioners from over 60 countries and regions. 
 
In the panel debate session, the Privacy Commissioner gave opening remarks on the emerging privacy risks and challenges brought about by disruptive technologies and digital platforms in the ICT age. He reiterated that accountability and data ethics are essential solutions to help regulators strengthen regulatory effectiveness and businesses to unlock innovative use of data in the data-driven economy.
 
Mr Wong addressed the following issues in the opening remarks:
  • Revolutionary and innovative developments in ICT like big data analytics, AI and Fintech present challenges to the regulatory strengths and effectiveness of existing data protection laws. These developments set forth races by data protection regulators to come up with novel regulatory solutions, including expansion of the scope of data protection laws. 
     
  • In face of rapid technological developments threatening to annihilate robust law amendments efforts, regulators should explore the possibility of accountability as the solution. Comprehensive, flexible and responsibility-based, accountability is the crucial framework to strike a balance between data protection and facilitation of businesses and innovation. 
     
  • Regulatory framework aside, regulators should consider engaging and incentivising organisations/businesses in cultivating/strengthening the privacy culture, particularly in Asia, by facilitating them in building trust and reputation, observing ethical standards and respecting data of their customers and consumers.
In the session, the Privacy Commissioner stressed that the office of the Privacy Commissioner for Personal Data, Hong Kong (PCPD) will continue to educate individuals to stay vigilant, while educating and assisting businesses to set up accountability programmes within their organisations.  The PCPD will continue to provide guidance to businesses (especially SME) to help them overcome compliance challenges. 
 
Meanwhile, the PCPD will also strengthen international cross-border cooperation with overseas data protection regulators, to establish constructive dialogues and leverage each other’s expertise in tackling challenging privacy issues.  
 
The Privacy Commissioner’s views can be found in his ABA course material paper titled “Engineering Privacy Through Accountability”, which can be downloaded here.
 
Separately, the Privacy Commissioner was also invited to attend the Roundtable Discussion for International Enforcers organised by Federal Trade Commission (FTC) on 10 April 2018.  The discussion, chaired by FTC’s Acting Chairman Maureen Ohlhausen, was held at the FTC Headquarters in Washington DC. Together with delegates from other jurisdictions, the Privacy Commissioner participated in a lively discussion on international cooperation on data privacy and consumer protection in light of emerging technology issues.
 
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The Privacy Commissioner for Personal Data, Hong Kong Stephen Kai-yi WONG at ABA Meeting in Washington DC.