Mak, Andrew Yip Shing 麥業成
Jessie Yung Mei Chun v Privacy Commissioner
HK Administrative Appeals Board, 24-Aug-2011
Andrew Mak Yip Shing, for the AAB, rejects the appeal. Jessie Yung Mei Chun had applied for correction of alleged personal data in a termination letter and in a filing by Merrill Lynch with the SFC. The AAB rules that the employer's assessment of an employee is the employer's data, not the employee's personal data, and that in any event, the PCPD and AAB should not get involved in such matters which are covered by other legislation.
HK Administrative Appeals Board, 24-Aug-2011
Andrew Mak Yip Shing, for the AAB, rejects the appeal. Jessie Yung Mei Chun had applied for correction of alleged personal data in a termination letter and in a filing by Merrill Lynch with the SFC. The AAB rules that the employer's assessment of an employee is the employer's data, not the employee's personal data, and that in any event, the PCPD and AAB should not get involved in such matters which are covered by other legislation.
Jessie Yung Mei Chun v Privacy Commissioner
HK Administrative Appeals Board, 12-Jan-2011
In a majority AAB decision, Andrew Mak Yip Shing upholds Merrill Lynch's claim to legal professional privilege over a report relating to former employee Jessie Yung Mei Chun by its Office of General Counsel, and that it therefore does not have to be provided in response to her data access request. Simon Lam Ken Chung, in the minority, opines that the report does not seem to provide any legal advice or assistance and is therefore not protected just because it was written by a lawyer.
HK Administrative Appeals Board, 12-Jan-2011
In a majority AAB decision, Andrew Mak Yip Shing upholds Merrill Lynch's claim to legal professional privilege over a report relating to former employee Jessie Yung Mei Chun by its Office of General Counsel, and that it therefore does not have to be provided in response to her data access request. Simon Lam Ken Chung, in the minority, opines that the report does not seem to provide any legal advice or assistance and is therefore not protected just because it was written by a lawyer.
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