COMP7901 (2021-22)
Legal Protection of Digital Property Homework #2
Due: 11 pm, 24 April 2022
Note the “Guide to Doing Homework Assignments”. Your argument must be reasonably supported by law and the given facts. Whenever possible, cite authorities (i.e., section numbers of relevant legislation and/or cases) to support your argument. If you need to make any assumptions about the facts, make the MOST REASONABLE and the MINIMAL number of assumptions, and state what they are.
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InstPay Limited is a company providing online payment service in . Over the years, it has attracted more than 2 million users, each of whom has an account with InstPay. InstPay has maintained a database containing, among other things, the name, address, contact information and credit card number of its users.
Two months ago, InstPay’s database was accessed by an unknown hacker who had copied all of its contents (“the Incident”). The Incident was reported to the police but the hacker could not be found. Since then, customers of InstPay began to receive advertising emails addressed to them personally from SecuPay, a long-time competitor of InstPay, inviting them to switch to SecuPay for online payments in view of the Incident. Worried about InstPay’s system security, a significant number of InstPay’s customers have switched to SecuPay.
Through a private investigator, InstPay has found that after the Incident, SecuPay had purchased a list of contact information of InstPay’s customers (“the List”) from Mart007 Limited, on condition that SecuPay will keep the List confidential as the information contained therein belongs to InstPay. A staff member of Mart007 has told the private investigator that the List is authentic, as it was actually obtained by an employee of Mart007 directly from InstPay’s database.
(a) Does Mart007 have any legal liabilities under the Personal Data (Privacy) Ordinance? Explain.
(b) Does SecuPay have any legal liabilities under the Personal Data (Privacy) Ordinance? Explain.
(c) Does InstPay have any legal liabilities under Personal Data (Privacy) Ordinance? Explain.
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