Discovery and Data Protection
Hong Kong Law Journal, Vol. 31, p. 49, 2001
Posted: 28 Aug 2006
Abstract
The Personal Data (Privacy) Ordinance has been in force for over four years. The law and practice of discovery in civil litigation has a history that is measured in centuries. This article discusses the potential for conflict between the two and seeks to provide an analysis of how co-existence may be achieved. The article concludes that such co-existence is possible if the Ordinance is interpreted and applied in a practical and pragmatic manner. However, the author suggests that consideration be given to amendment of the Ordinance in order to avoid the possibility of the Ordinance being applied rigidly in discovery at the expense of achieving a just result in the litigation concerned.
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