The evolution of digital rights in Hong Kong: Balancing innovation and privacy in the age of e-governance
Abstract
This paper examines the evolution of digital rights in Hong Kong amid the city’s rapid e-governance initiatives. It analyses the Personal Data (Privacy) Ordinance (PDPO) in the context of artificial intelligence (AI), blockchain and big data, highlighting both the opportunities and privacy risks these technologies present, such as data breaches and surveillance overreach. Drawing on case studies of high-profile data breaches1,2,3 and comparing Hong Kong’s approach with the European Union (EU) General Data Protection Regulation (GDPR), China’s Personal Information Protection Law (PIPL) and US frameworks,4 the paper underscores the crucial role of corporate boards in embedding privacy accountability and fostering a culture of trust through robust governance practices. The study also explores Hong Kong’s e-governance milestones, including the Digital 21 Strategy5 and AI ethical frameworks,6 to assess their impact on digital rights. It concludes that while Hong Kong has made important strides, more robust enforcement, mandatory breach notifications7 and cross-border regulatory alignment are needed to ensure that digital innovation enhances rather than undermines individual privacy rights. By proposing actionable recommendations for policy makers and organisations, this paper contributes to the global discourse on privacy law, offering insights for jurisdictions navigating the intersection of technology and human rights in the digital era. This article is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.
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Author's Biography
Pooja Shukla is a Lawyer, Corporate Governance Professional (CGP) and Chartered Secretary holding fellow memberships of three institutes internationally: UK Corporate Governance Institute, Hong Kong Corporate Governance Institute (HKCGI) and Institute of Company Secretaries of India (ICSI). She is currently a Senior Lecturer at Hong Kong Metropolitan University. Pooja obtained her master’s in commerce and bachelor’s in commerce (with Hons. in finance) and holds a postgraduate diploma in journalism. She scored 17th All-India rank in ICSI and obtained merit in corporate governance conducted by HKCGI. She has held various senior positions, including vice president of a US bank and mining companies in the past decade. Pooja has served as secretary to boards and committees in various listed companies, banks and multinational corporations internationally operating in manufacturing, IT, mining, infrastructure, professional services, law and telecoms. She has also served as a consultant to FTSE 100 companies advising on corporate governance matters in Asia, Middle East and Africa. Pooja’s focus areas are primarily in the field of corporate governance, company law, data privacy and boardroom dynamics.
Rosa Pang is a Partner at Elsa Law & Co. Solicitors in Hong Kong, specialising in intellectual property, company law and business law. She is admitted as a solicitor in Hong Kong and the UK (non-practising), and is also qualified as a Greater Bay Area (PRC) Lawyer. Rosa is a Fellow Chartered Secretary and Chartered Governance Professional, with additional certification in ESG from the Hong Kong Chartered Governance Institute. She has extensive academic experience, having lectured at Hong Kong Metropolitan University and Saint Francis University, teaching business law, corporate law and corporate governance in Mainland China. Her professional background includes senior roles at Baker & McKenzie, Allens Arthur Robinson and the Department of Justice (HKSAR). Rosa is actively engaged in community service as Honorary Legal Adviser to the Hong Kong Blind Sports Federation, a mentor in government and professional programmes, and a council member of Stewards, a Christian NGO, where she serves as the Chairperson.
