Online behavioural advertising: A comparative study of regulation between the EU and Hong Kong

Online Behavioural Advertising (OBA) highlights many data privacy issues. For many individuals and lawmakers it is an unwelcome intrusion into a person's private life. However, for businesses, it is a valuable tool to understand their customers and provide them with a better experience but also a source of revenue that has allowed them to turn a profit from the Internet and the ability to offer services for free. These contrary interests are at the heart of a balancing act with regard to how OBA is regulated. The European Union (EU) has chosen to provide strong protection to individuals whilst Hong Kong's regulatory regime is some way behind and relies on guidance as well as law. However, it is the balancing act at the heart of this issue that is the root of the contention with OBA. Should regulation be weighted as heavily on the side of individuals, or have the dangers of OBA been overstated? How do these respective regimes deal with it and what are the aims of such legislation and is their approach balanced? More pertinent a question is what should the aims of legislation be for OBA? Finally, what is the future of OBA and of the regulation? It will be shown that the EU has gone too far in its regulation to the detriment of both business and the individual and that Hong Kong should be careful to heed the dangers in taking this kind of approach.