Proposed Change In Privacy Law: Facebook, Twitter And Google Threaten To Leave Hong Kong

Tech giants, Facebook, Google and Twitter have indicated their displeasure at the amendments to the privacy law as they have written to Hong Kong privacy commissioner warning that they would vacate Hong Kong if it moves forward with laws to impose penalties on users who publicly release identifying information about individual or organisations.

The three tech companies also warned that if the Hong Kong officials go ahead to pass the data protection law amendments, it has the tendency to hold companies responsible for doxxing campaigns.

What is doxxing?

Doxxing refers to the release of the  personal information of an individual including name, address, their workplace and other relevant information without getting permission to do so by  the individual.

“The only way to avoid these sanctions for technology companies would be to refrain from investing and offering their services in Hong Kong, thereby depriving Hong Kong businesses and consumers, whilst also creating new barriers to trade,” the letter said.

The three companies are also concerned that their employees will have  the tendency of facing criminal investigations, having them charged for sharing personal information even if they did so innocently.

Hong Kong’s Chief executive, Carrie Lam, on Tuesday while dispelling fears,  explained that the proposed law would only  target “illegal” doxing.

Lam also made it known that even the privacy commissioner would be very much happy to have discussions with the tech companies if they had any concerns.”

“There is wide support that doxing should be legislated against,”

 “The amendment exercise is to address the issue of doxing. The privacy commissioner is empowered to take action and carry out investigation – that’s it.” He concluded.

In a report by The Wall Street Journal, the Asia Internet Coalition (AIC), a tech alliance that included Facebook, Google and Twitter has warned Hong Kong that the companies would stop operating in the territory by vacating  if the officials continue  with the proposed data protection law amendments.

AIC noted that it would be completely disproportionate and unnecessary response and could hamper free speech.”

The letter by AIC reads;

“This is a completely disproportionate and unnecessary response to doxing, given that intermediaries are neutral platforms with no editorial control over the doxing posts, and are not the persons publishing personal data,” it said.

“In reality, most intermediaries already have notice and takedown regimes in place to deal with doxing content and such requests would be responded to without undue delay.”

“This gives rise to legitimate concerns that ‘doxing’ in the proposed amendments could have an overly broad interpretation such that even innocent acts of sharing of information online could be deemed unlawful,” it said, adding this could include legitimate acts such as media reporting.”

It is believed that the amendments would be approved by the end of 2021, with reports inferring that in the proposed amendment, a fine up to 1 million Hong Kong dollars and a prison sentence of up to five years has bee been mooted.

Hong Kong’s Privacy Commissioner for Personal Data though acknowledged the letter, but insisted that passing the law won’t hinder freedom of speech or deter outside investors on Hong Kong.