Common Themes

Question 1

Personal data in a form in which access to or processing is practicable - Which country’s data protection law has this provision?

Answer 1

Hong Kong

Question 2

What is Doctrine of Privity? Is it abolished in SG, HK, India?

Answer 2

A contract cannot confer rights or impose obligations upon any person or agent who is not a party to the contract. The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such.

It has been abolished in HK, but not in India.

In 2001, Singapore reformed the doctrine of privity of contract so as to allow third parties (for whose benefit contracts are made) to enforce those contracts.
- However, the PDPA does not require data export contracts to include such third party enforcement rights, and
- data export contracts generally include confidentiality provisions preventing individuals to find out their terms and/or whether they have been breached.

Question 3

Which countries are signatory to ICCPR? Which countries are signatory to 1st Optional Protocol to ICCPR?

Answer 3

India and HK are signatories to the ICCPR, but not to the 1st Optional Protocol.