The Constitutional & Mainland Affairs Bureau plans to take forward a review of the Personal Data (Privacy) Ordinance during the fourth Legislative Council term.

After attending the Privacy Awareness Week 2008 inauguration ceremony today Secretary for Constitutional & Mainland Affairs Stephen Lam told reporters that in conducting the review the Government will consider certain aspects and principles it needs to abide by.

At the end of last year the Privacy Commissioner submitted to the bureau a report suggesting areas for review and amendment. One suggestion was to vest in the commissioner the power to initiate prosecutions.

"But under the Basic Law criminal prosecutions are controlled by the Department of Justice without interference from anyone. So in conducting the ordinance's review we need to ensure we abide by the Basic Law," Mr Lam said, adding there are also proposals on increasing penalties.

"We must make sure the penalties are proportionate to the protection we want to give to privacy, and which also would have a sufficient deterrent effect," he said.