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Mark Berthold
(BA, LLB, Grad.Dip. Legal Studies) is an electronic commerce
and privacy law specialist with a record of legal practice
in the Australian, New Zealand and Hong Kong public and
private sectors at senior levels.
background
Mark's experience ranges
from advocacy in Melbourne's busiest courts to a key role
in the development and implementation of Hong Kong's Personal
Data Privacy Ordinance, the first law outside Europe to
be based on the European Union's Directive on data privacy.
The EU Directive is the principal catalyst for the Privacy
Act's extension to the Australian private sector and the
key driver of the harmonisation of international privacy
standards. Given the patent inadequacies of of the Australian
Privacy Act, those businesses seeking to do business in
Europe will need to also attend to these EU requirements.
Mark conducted the extensive comparative research that
facilitated the Hong Kong Law Reform Commission's consideration
of the issue. He subsequently acted as legal adviser to
the Legislative Council's Bills Committee considering
the precise terms of the ultimate legislation. He then
served as the principal legal advisor to the Office of
the Hong Kong Privacy Commissioner for Personal Data
(PCO).
His subsequent experience includes a privacy audit of
the Hong Kong Jockey Club and advising on freedom of information
appeals received by the New Zealand Office of the Ombudsmen.
He is currently completing a LLM at Melbourne University
in Intellectual Property and IT law.
Mark is Director of Privacy
Seal P/L.
A more detailed CV is available on request.
publications
Mark's publications include -
Data Privacy Law in Hong Kong - A Professional Guide
(Hong Kong: FT Law & Tax Asia Pacific 97) with Professor
Raymond Wacks
The 241 page Guide focuses on procedures data
users should adopt to comply with the privacy principles
regulating the processing of personal data. (For a review
see the Privacy Law & Policy Reporter, vol.
5 no. 3, August 1998, 55 here)
The Annotated Ordinances of Hong Kong: Personal Data
(Privacy Ordinance) (Singapore: Butterworths Asia
99)
A 123 page analysis of Hong Kong legislation
He's also written numerous articles for specialist and
professional publications on privacy, such as the Privacy
Law & Policy Reporter (Australia), Privacy
Laws & Business Newsletter (UK), the Hong Kong
Accountant and the Hong Kong Company Secretary.
They include
Hong Kong's Data Privacy Proposals (in Privacy
Law & Policy Reporter, 1994 part 1 here
and part 2 here)
Hong Kong's Personal Data (Privacy) Ordinance 1995
(in Privacy Law & Policy Reporter, 1995
here)
Regulating surveillance: Hong Kong's proposals
(in Privacy Law & Policy Reporter, 1996 part
1 here
and part 2 here)
Mark is currently
co-authoring a new title on Hong Kong privacy law with
Professor Raymond Wacks (for further
information please see www.smlawpub.com.hk).
available on this site
Caslon Analytics is pleased to feature two of those papers
on this site, courtesy of Mr Berthold -
Complying
with the New Australian Privacy Legislation - a
2001 paper about
the Privacy Act and its application by Australian business
Website Privacy Policy Statements and the Changing
Face of E-commerce - a 2002 paper
on principles and practice for site statements
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