Legal Remedies for Victims of Cyberbullying
Victims of cyberbullying may take out civil claim in tort in Hong Kong Court against the wrongdoers for:
Victims may also consider making a report to Personal Data Privacy Commissioner for assistance that the wrongdoers have committed a breach of the Personal Data Privacy Ordinance (PDPO) (Cap. 486).
The Office of the Privacy Commissioner for Personal Data is an independent statutory body set up to oversee the enforcement of the Personal Data (Privacy) Ordinance (Cap. 486) which came into force on 20th December, 1996.
Personal Data (Privacy) Ordinance (Cap. 486)
The objective of the Ordinance is to protect the privacy rights of a person in relation to Personal Data (Data Subject).
Meaning of Personal Data
(1) The information which relates to a living person and can be used to identify that person.
(2) It exists in a form in which access or processing is practicable.
Examples : Names, phone numbers, addresses, identity card numbers, photos, medical records and employment records.
Meaning of Data User
A person who, either alone or jointly or in common with other persons, controls the collection, holding, processing or use of the data. The Data User is liable as the principal for the wrongful act of its authorised data processor.
Six Data Protection Principles
Everyone who is responsible for handling data (Data User) should follow the Six Data Protection Principles which represents the core of the Ordinance covering the life cycle of a piece of personal data.
Time limit for making civil claim
The time limit for making a civil claim on privacy infringement under the Personal Data Privacy Ordinance is normally 6 years from the alleged wrongdoing. Victims have to act promptly to avoid losing your legal right of action against the cyberbullies.
For Hong Kong legal services and advice, please contact Chow & Cheung, Hong Kong Solicitors, Notary Public & China Appointed Attesting Officers
Tel: + 852 2856 3799 Email: cac@ccsn.hk
www.ccsn.hk
The above contents do not constitute legal advice and it should not be regarded as a substitute for detailed advice in individual cases. Transmission of this information is not intended to create and receipt does not constitute a lawyer-client relationship between Chow & Cheung and the user or browser. Chow & Cheung is not responsible for any third party content which can be accessed through the website.