Media Statements

The Privacy Commissioner for Personal Data, Hong Kong (Privacy Commissioner) Mr Stephen Kai-yi WONG was invited to deliver a panel presentation at the “Tackling Cyberbullying: A Comparative and Interdisciplinary Symposium” (Symposium) today hosted by the Law and Technology Centre of the Faculty of Law of the University of Hong Kong (HKU). 
 

Mr Wong delivered his presentation on the panel themed “Cyberbullying and the Legal Response”. He highlighted the rising trend of cyberbullying in Hong Kong by pointing out a two-fold increase in cyberbullying-related complaints received by the office of the Privacy Commissioner (PCPD) from 2016 to 2017. Referring to a social enterprise’s survey result  that one in four Hong Kong students had experienced cyberbullying, Mr Wong pointed out that these known cases might just be the tip of the iceberg, and that other cyberbullying acts simply never get reported. 
 

He said, “If cyberbullying involves the collection and use of personal data of an individual, the conduct is regulated under the Personal Data (Privacy) Ordinance (Ordinance) and the related Data Protection Principles. For example, collecting a person’s personal data for an unlawful purpose (e.g. for criminal intimidation), or subsequent use of a person’s personal data collected, either from public or private domain, for cyberbullying, may contravene the data collection or use principles under the Ordinance.” 
 

While currently there is no specific legislation in Hong Kong on cyberbullying, Mr Wong stated that as cyberbullying may also involve criminal intimidation, blackmail, publishing an obscene article, trespass and defamation etc., these acts would be addressed by relying on other branches of the law. He also stressed that when considering the need for a specific legislation on cyberbullying in Hong Kong, one should consider whether or not the current laws and administrative measures are adequate to deal with cyberbullying effectively, and if not, whether there is a pressing need for remedying such inadequacies by a new legislation.
 

Mr Wong emphasised the importance of nurturing a culture of protecting and respect of personal data privacy. “While the PCPD strives to keep abreast of the global personal data privacy development, and assesses whether there is a pressing need for any review in personal data law with a view to striking the proper balance between data privacy protection and other public interests (including the free flow of information and freedom of expression), we will also continue our efforts in promoting “Protect, Respect Personal Data” culture through education and promotion so as to reduce cyberbullying in society in the long run.” 
 

The full-day Symposium was attended by scholars, regulators, social workers, representatives of non-governmental organisations and the youth. It provided a platform to examine cyberbullying in Hong Kong and explored different measures to address the problem of cyberbullying, including legal and regulatory reforms. More information about the Symposium can be found on: https://www.law.hku.hk/cyberbullying2018/ 

 

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