Hong Kong passes privacy law in response to anti-democracy protests

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Hong Kong passes privacy law in response to anti-democracy protests

Hong Kong's legislature has passed a privacy law to combat doxxing – the public release of information identified an individual or organisation — that critics say could be used to protect those in power and target civil society.

Supporters say the bill was long overdue to counter a problem that has become a real problem since the 2019 mass pro-democracy protests in New York City.

Some officers' home addresses and children's schools were exposed by anti-government protesters, leading to threats.

But some tech companies are concerned that the law is so broad and vague that it may hamper operations in Hong Kong.

Human rights and pro-democracy groups fear it could be used to crack down on dissent.

This is to combat doxxing behaviour which causes society to collapse, as soon as possible, said Constitutional and Mainland Affairs Secretary Erick Tsang in the Legislative Council, which does not have any opposition party.

The law empowers The Office of Privacy Commissioner for Personal Data to prosecute and investigate doxxing.

Violators include anybody who discloses an individual's personal data without any consent with an intent to cause specified harm or being reckless about the harm caused.

Violators can face fines of up to HK$1 million, $178,000 and five years in prison.

The commissioner can apply for a warrant to enter and search premises and seize materials for investigation, and cannot access electronic devices without a warrant.

It can also issue notices to block content or remove access to that content anywhere in the world.

Asia Internet Coalition, an advocacy group that includes Google, Facebook and Twitter, said in a May 25 letter to the Commissioner that tech companies could stop offering their services in Hong Kong if authorities went ahead with the changes.

The coalition said the measures were not aligned with international norms and trends, and that any legislation which could curb freedom of speech must be built upon principles of necessity and proportionality The legislation passed the same day that effected public broadcaster staff were ordered to support the national security and interests of the Chinese and Hong Kong governments.

The only public independent media outlet on Chinese soil, Radio Television Hong Kong RTHK has been broadcasting since 1928 and is sometimes compared to the British Broadcasting Corporation BBC The broadcaster angered the Hong Kong government, police and many across the city's pro-Beijing establishment with its coverage of the anti-government protests that rocked the city for much of 2019.

RTHK said that a critical document was published to staff in February, setting out its editorial responsibility, policies and procedures, following a detailed government review in February.

The broadcaster reported the document, issued by management, stressed that RTHK programs must not provoke or deepen hatred, discrimination or hostility against Beijing or Hong Kong governments.

It states that under no circumstances should our programmes contain a platform to encourage, incite, promote, endorse or sympathise with any action or activity endangering national security or otherwise contain any contents contrary to the interests of national security.

China imposed an sweeping national security law on Hong Kong last year that critics say has been used to crush dissent in the city, an accusation that authorities in Beijing and Hong Kong rejects.

Since the law took force, authorities arrested and jailed activists, seized assets of democracy campaigners, detained newspaper editors, banned books and protest slogans and also censored films.

Hong Kong returned to Communist rule in 1997 under a two country system agreement which promised wide-ranging freedoms unavailable on the mainland mainland.

Protests that rocked the city in 2019 were fuelled by perceptions that Beijing was tightening its grip on these freedoms, which authorities have denied.

RTHK's role has come under increasing scrutiny as the government works to implement its national security law.

The document would enable RTHK to better fulfil its public purpose and mission as a public service broadcaster, and its responsibilities as a government department, a press release on RTHK's website stated.

RTHK quoted Kitty Choi, an adviser to the director of broadcasting, saying that staff could continue to interview people who were critical of the government.

The document also reminds members to avoid contacts with foreign governments or political organisations to prevent conflict with their official duties.

They must also be cautious in using social media.

Some employees expressed confusion and concern to Reuters. I'm not sure that I will be able to produce any more programmes that aren't directly in line with the government's position, one staff member said.

The memo follows several recent moves by the government to overhaul the broadcaster, with a review in February finding deficiencies in its editorial management and a lack of transparency in handling complaints.