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Data Privacy: Personal Data in the Workplace

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Content provided by Hugill & Ip Solicitors and Ip Solicitors. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Hugill & Ip Solicitors and Ip Solicitors or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

Carmen Tang and Carly Fan discuss key issues related to personal data in the workplace, including practical advice for employers and employees which span from the recruiting process to monitoring employees’ activities – from collecting, sharing and updating data to complying with data access requests. They also give an overview about data privacy issues affected by the COVID-19 pandemic.

Show Notes00:43 Recruitment process and personal data 06:09 Data access requests 09:26 Monitoring of employees’ activities 10:15 The 3 As: Assessment – Alternative – Accountability 12:34 The 3 Cs: Clarity – Communication – Control 13:47 Suspicion of unlawful activities 16:25 Time limits for keeping data 18:25 COVID-19 and employees’ data

  continue reading

68 episodes

Artwork
iconShare
 
Manage episode 302677356 series 2860098
Content provided by Hugill & Ip Solicitors and Ip Solicitors. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Hugill & Ip Solicitors and Ip Solicitors or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://ppacc.player.fm/legal.

Carmen Tang and Carly Fan discuss key issues related to personal data in the workplace, including practical advice for employers and employees which span from the recruiting process to monitoring employees’ activities – from collecting, sharing and updating data to complying with data access requests. They also give an overview about data privacy issues affected by the COVID-19 pandemic.

Show Notes00:43 Recruitment process and personal data 06:09 Data access requests 09:26 Monitoring of employees’ activities 10:15 The 3 As: Assessment – Alternative – Accountability 12:34 The 3 Cs: Clarity – Communication – Control 13:47 Suspicion of unlawful activities 16:25 Time limits for keeping data 18:25 COVID-19 and employees’ data

  continue reading

68 episodes

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Kajal Aswani dives into the critical role of forensic accountants in family law with guest Tavish McLean. The conversation explores how forensic accountants untangle financial disputes, uncover hidden assets, and provide clarity in high-stakes divorce proceedings. Kajal shares personal anecdotes from her 20 plus years in family law, highlighting the importance of financial transparency and early professional intervention in divorce cases. Tavish emphasizes that forensic accountants bring clarity during emotionally charged times, leveraging investigative tools and valuation techniques to ensure fair outcomes. Key topics include the importance of financial awareness, challenges in identifying hidden assets, and the nuances of valuing private companies and other assets during divorce. The discussion also touches on the evolving risks of fraud, including the use of AI tools for falsifying financial documents, and the critical need for accurate financial disclosure. The episode concludes with practical advice for those navigating divorce, emphasizing the value of assembling the right professional team to streamline this challenging process. SHOW NOTES: 05:13 The Role of Forensic Accountants Exploring how forensic accountants identify hidden assets and provide clarity during divorce proceedings. 11:26 Preparing for Divorce: Financial Awareness Kajal and Tavish discuss the importance of gathering financial documents and understanding family finances before separation. 23:27 Valuing Private Companies and Complex Assets Insights into valuation methodologies and challenges in assessing corporate and tangible assets. 46:43 AI and Fraudulent Financial Documents How evolving AI tools pose new challenges in financial disclosure and fraud detection.…
 
Hugill & Ip presents Series 6 of the HIP talks "Family matters", a compelling podcast collection delving into the complexities of family law in Hong Kong. This season, our expert solicitors engage with preeminent professionals, psychologists, financial advisors and mediators to explore the real stories behind divorces, custody battles and financial disputes. Hugill & Ip brings you this series as part of our commitment to modern, client focused legal services, whether you're navigating family law issues or simply interested about the system. Family Matters delivers sharp analysis without the jargon.…
 
Raphael Wong and Kathryn Weaver explore her family’s transformative journey through the adoption of Max and Roxie. Kathryn offers profound perspectives on adoption, drawing from her experience both as a mother and an employment lawyer. After fifteen years together, Kathryn and her husband Alex deliberately chose adoption as their preferred path to parenthood. She champions the fundamental right to choose adoption whilst challenging the misconception that adoptive parents are merely couples unable to conceive naturally, believing family creation should reflect individual choice with society respecting diverse paths to parenthood. She observes how considerably more straightforward their adoption journey proved compared to challenges faced by single applicants or same-sex couples. Their process proceeded remarkably swiftly, with a successful match emerging from their first panel hearing, leading to welcoming Max and meeting him at his foster placement. Kathryn reflects on how perceptions of family dynamics and interracial adoption have evolved over time, taking pride in how she and her husband established themselves within their Peng Chau community simply as “Max and Roxie’s parents.” The discussion examines complex considerations surrounding parental age, extended family expectations, and the Hong Kong legal system and Social Welfare Department’s outdated policy requiring primary caregivers to share their adopted child’s gender. Kathryn advocates for increased dialogue about adoption across society, including mainstream media, legal circles, and employers. Examining interracial adoption complexities, she describes how their family’s composition occasionally leads to scrutiny at international borders, though these experiences provide opportunities to celebrate diversity when children express curiosity about their biological origins. Drawing upon her legal expertise, Kathryn provides insights into how businesses and government should reconsider parental leave policies, advocating for comprehensive shared parental leave arrangements. Adoptive parents face additional burdens as their journey proves more complex than biological parents’, making supportive employers and robust governmental frameworks crucial. Psychological challenges intensify particularly when welcoming older children. Kathryn concludes by advocating for Hong Kong to facilitate adoption opportunities for single individuals and same-sex couples, enabling them to fulfil parenting aspirations whilst providing deserving children with loving, accepting homes. Love is love! Every family deserves recognition and respect, regardless of how it’s formed. This Pride Month, we celebrate rainbow families who enrich our community with their love and resilience. Their journeys remind us that family bonds transcend conventional definitions, and their strength inspires positive change towards a more inclusive society.…
 
Raphael Wong talks to Joshua Blue about the adoption journey of him and his same-sex partner in the United States and Hong Kong. Joshua and his partner Taka carefully evaluated various family-building options, including single-parent adoption in Hong Kong and surrogacy, before deciding to pursue adoption in the United States whilst maintaining their Hong Kong residency. They engaged American Adoption Professionals Abroad in 2014, initiating a comprehensive process that would eventually lead to their son’s adoption. The journey involved rigorous home study assessments, domestic private adoption procedures in Illinois, and extensive documentation preparation. They created profiles for birth parent(s’) consideration, secured legal representation through an Illinois-qualified lawyer, and completed mandatory adoptive parent training. Despite initial optimism, the matching process extended beyond the initially expected time, necessitating documentation renewals and managing the emotional complexity of waiting. A significant breakthrough came in September 2017 when they connected with Karen, the birth mother. With noteworthy employer support, Joshua and Taka were present in Chicago for their son Isaac’s birth in October 2018. They successfully navigated the legal requirements, securing the Adoption Decree, name change documentation, updated birth certificate and other necessary paperwork. While their return to Hong Kong proceeded smoothly, some administrative coordination was required between the Immigration Department and Social Welfare Department before Isaac’s dependent visa was granted. Their experience highlights the evolving landscape of international adoption and cross-border family recognition. Their family structure exemplifies modern kinship networks, maintaining connections across continents with both partners’ extended families and Isaac’s birth mother and her family in Mexico. As an educator, Joshua offers valuable perspectives on rainbow families’ integration within Hong Kong’s educational environment, noting generally positive experiences despite opportunities for systemic improvement. This is another case illustrates the complex interplay of international adoption law, cross-cultural family building, and the gradual normalisation of diverse family structures in Hong Kong’s professional and social spheres. Love is love! Every family deserves recognition and respect, regardless of how it’s formed. This Pride Month, we celebrate rainbow families who enrich our community with their love and resilience. Their journeys remind us that family bonds transcend conventional definitions, and their strength inspires positive change towards a more inclusive society.…
 
In a compelling conversation with Raphael Wong, Megan Richardson and Jo Hull share their remarkable journey to parenthood through adoption, navigating the complexities of Hong Kong’s adoption system as a same-sex couple. Initially contemplating fostering, the couple ultimately pursued adoption despite recognising the additional challenges they would face. Their account details extensive interactions with the Social Welfare Department (SWD), including 26 matching panels and numerous setbacks. The period between approval as prospective adopters and matching with their children, Freddie and Luna, proved particularly challenging as they balanced hope with uncertainty. Despite the profound joy of becoming parents, their experience highlighted persistent systemic barriers. The couple faced additional scrutiny during the adoption order proceedings, reflecting outdated institutional perspectives. Though the legal process encountered several delays, it ultimately concluded successfully with the granting of the adoption order. Looking ahead, the couple plans to marry in the UK this summer and pursue co-parent adoption through the British legal system for Jo. They warmly acknowledge the invaluable support received from family, friends, and particularly the Shek O community, whose embrace of their new family dynamic has been heartening. The discussion also explored employment-related responses to diverse family structures, revealing varying levels of workplace policy inclusion. While some employers have implemented equitable benefits and protections for all family types, others lag behind in acknowledging modern family compositions. Their story concludes with reflections on systemic discrimination and the hope that pioneering same-sex couples might catalyse positive change within Hong Kong’s legal framework, paving the way for greater acceptance and equality. Every family deserves recognition and respect, regardless of how it’s formed. This Pride Month, we celebrate rainbow families who enrich our community with their love and resilience. Their journeys remind us that family bonds transcend conventional definitions, and their strength inspires positive change towards a more inclusive society.…
 
Elizabeth Herbert, a barrister and co-founding member of Pegasus Chambers, discusses her career journey with Adam Hugill. They reflect on their history of working together, as well as other high-profile cases like the landmark internet defamation case, Oriental Daily vs Fevaworks which she worked on with fellow Partner, Alfred Ip. Elizabeth shares how she was drawn to the advocacy and courtroom aspects of law, rather than the more transactional work of solicitors. She advises junior barristers to gain broad experience early on, as it helps develop their own unique style. The conversation explores the challenges of discrimination cases in Hong Kong, including the reluctance of employees to come forward and the limited damages available. They also discuss internal investigations and the need to navigate non-legal decision makers. She also shares insights into her criminal defense practice and the personal toll of representing clients facing serious charges. Lastly, Elizabeth offers advice to aspiring barristers, emphasizing the importance of self-care and not being overly critical of one's performance. Show Notes02:00 Starting a career in law 05:38 Oriental Daily vs Fevaworks case 07:16 Discrimination cases 21:55 Criminal cases 27:39 Cross examination in civil vs criminal courts 34:29 Setting up Pegasus Chambers Transcript and more of the Barrister Series: https://www.hugillandip.com/2025/01/the-barrister-series-s5e6-a-legal-journey-with-elizabeth-herbert/…
 
Pink Friday Event on legal and healthcare pathways for same-sex couples Mike Kung of Goldman Sachs talks to Lisa Lam about the origin of #PinkFridayPride and its significance. He also shares some good memories about the event in the past 10 years and some highlights about Hong Kong Gay Games 2023 and yesterday’s quiz night, as well as the planned LGBTQ+ choir and ESG events happening later today. Frances Tsang – Associate in the Family team at Hugill & Ip – discusses hopes and foreseeable future of LGBTQ+ equality in Hong Kong, while reflecting on landmark cases that saw brave individuals challenging the legal system at different court levels in the past two decades. Lisa moves forward to the core topic of the event where Alfred Ip – Partner and Head of Private Client at Hugill & Ip – and Nick Tsui – Anesthesiologist and co-founder of Alongside – discuss key considerations on Estate Planning for same-sex couples. Video and more Hong Kong LGBTQI legal content: https://www.hugillandip.com/2024/11/pinkfridaypride-building-tomorrow-together/…
 
Caroline McNally and Frances Irving sit down for a chat about her personal and professional life from the early days as a social worker first in Scotland then in Hong Kong and the opportunity to develop a second career as a barrister focused on family law. They talk about helping people during one of the most difficult periods of their lives and about managing expectations in the hope of seeing things moving forward for themselves and their children, while bearing in mind that things in life can evolve and parents can take different roles in their children s lives. They also dig into specific cases that have influenced the law and the way courts deal with divorce cases, as well as particular examples that have left a mark on their professional life. Frances clarifies what in her view is the difference in the roles of barristers vs solicitors and a better support and mentoring system that should be created for young barristers working in family law. They conclude talking about Hong Kong and its high number of international families which, as a result, often sees a large number of relocation cases happening when compared with other jurisdictions. Show Notes:01:31 From Scotland to Hong Kong10:59 Becoming a good advocate14:53 The truth and “recollections may vary”17:58 Managing expectations24:12 Changing family dynamics and evolving roles28:25 LKW vs DD and the principle of equal sharing32:12 The complementary roles of barristers and solicitors40:08 Most memorable court cases46:28 The next generation of family lawyers53:44 Relocation of children Transcript and more Family Law content: https://www.hugillandip.com/2024/10/the-barrister-series-s5e5-a-passion-for-people-and-family-law-with-frances-irving/…
 
Alfred Ip and Kerby Lau share their experience working as a team in many contentious trusts & estate matters, touching on the initial motivation to embark on legal careers. They go on discussing the role of administrators, executors and trustees and their duties, highlighting the possible pitfalls and ways to manage conflicts, which sometimes can potentially lead to the removal of administrators. They also discuss responsibilities related to investment strategies and asset valuation and conclude talking about the importance of proper estate planning as a necessary tool to avoid future disputes and costly litigation. SHOW NOTES: 00:01:16 Trust and estate administration and problem-solving 00:11:39 Estate administration and fiduciary duties 00:18:29 Managing conflicts of interest in estate administration 00:24:19 Conflicts and removal of administrators 00:30:03 Assets valuation and investment strategies 00:45:54 Trustee duties and disputes amongst beneficiaries 00:55:23 Estate planning as key factor to minimize the risk of future dispute More on Contentious Trusts & Estates: https://www.hugillandip.com/legal-services/contentious-trusts-estates/…
 
Florence (Sai Wing) Chan speaks to our Alfred Ip about Diversity, Equity and Inclusion: from the pure concept of it to the reasons why businesses need to look at DEI as a necessity to strengthen their workforce, show empathy and build appropriate policies, programs, initiatives to achieve a better and more equitable balance. Issues can be diverse: they range from women empowerment, disability training, culture, race and to (one of the most prominent efforts) LGBTQ+ inclusion. She talks about visibility, as well as research showing the positive impact that DEI has on business efficiency, revenue growth, investor support, reduced attrition rates, etc… Florence points out that many companies in Asia which have strong focus on DEI are international companies, while most local companies tend to include the DEI concept into “being a family” or “teamwork” and think that DEI relates to values which are more Western. There’s an urgent need to explain the concept to encourage more local business to buy in, while it is also true that attitudes and cultural nuances play a role in approaching the topic slightly differently, especially within working environments which are traditionally more reserved. More LGBTQ content: https://www.hugillandip.com/the-hip-pride/…
 
Alfred Ip and Henry Li talk about Henry’s personal story with husband Edgar Ng while touching upon legal protections – or rather the lack of – related to inheritance and housing rights in Hong Kong for same-sex couples legally married overseas. They delve into the hurdles and (direct and indirect) discriminatory treatment connected to the lack of recognition of same-sex relationships and marriages in Hong Kong. They also walk through the history of the legal cases brought to Court by Henry and Edgar through different levels of the justice system and the striking differences with other jurisdictions (e.g. the UK) – whereas in Hong Kong couples are not given the right to form a legally binding relationship with specific (and significant) rights and obligations – towards each other and towards society. Henry pinpoints the difficulties they went through as a couple who decided to challenge the law and the government, initially in terms of housing rights and thereafter also in terms of inheritance rights. They go on speaking about the hurdles concerning access to justice and the related emotional as well as financial costs. The emotional challenges not only burdened the couple, but also their extended family in both a private and public way. Whilst the financial costs involved the Legal Aid Department, the couple also had to dig into their own pockets. A strong, selfless and brave character needs to be at the base of a fight for obtaining further rights for same-sex couples. More LGBTQ content: https://www.hugillandip.com/the-hip-pride/…
 
Alfred Ip talks to Film Director Ray Yeung about his life story – growing up in Hong Kong and then furthering his education in the UK, where he studied law, then finding his passion in film making. Ray talks about “ 叔叔 Suk Suk” which introduced the novel topic of two elderly gay men falling in love in Hong Kong, representing a minority within a minority. He goes on to talk about his latest film “從今以後 All Shall Be Well” and hearing real-life stories which inspired Ray to script the story about a lesbian couple and the family dynamics that suddenly roll out after one of the women passes away. Ray talks about the casting and the reasons behind the choice of Maggie Li (Lin Lin), as well as the choice of portraying the characters without using a typical melodramatic way to unfold the story. He wants the audience to empathise and reflect on the family dynamics and the many shades that each character brings to the story. He wants everyone to reflect upon their own selfishness and what they would do in a similar situation, as well as questioning if there’s a more or less hidden level of homophobia. More LGBTQ content: https://www.hugillandip.com/the-hip-pride/…
 
Alfred Ip interviews Henry Tse about his life while growing up in Hong Kong as well as after moving to the UK to further his education. Henry realised quite early in his life about his gender identity and struggle. He went through a hard time whilst studying in a religious secondary school, made more difficult as he lacked LGBTQ role models. Often, he – and other students – faced biases and confrontational behaviour, and Henry recalls treatment he received from a basketball coach. Henry finally found some peace when he went to study in the UK – he discovered more about gender identity whilst he continued to struggle mentally with his own changing body and appearance. They chat about self-identity and fitting in with society. Henry highlights the benefits he gained by social services in the UK and how Hong Kong compares to it. The real struggle started when he moved back to Hong Kong for professional reasons. He received a lack of full recognition as a male individual and that’s when Henry decided to challenge the government on the issue of getting his gender changed on his Hong Kong identity card. More LGBTQ content: https://www.hugillandip.com/the-hip-pride/…
 
Raphael Wong interviews Felix Li about his calling and dedication to family law, especially in regards of children-related matters. They discuss the divorce process and the different roles of barristers and solicitors. They go on talking about the evolution and specifics related to child custody in Hong Kong and the essential role of co-parenting and handling the relationship with other third-parties, eg. domestic helpers. They conclude delving into the issue of overseas relocation. SHOW NOTES 00:00:3 Family law and children matters as my barrister career focus 00:11:11 Divorce settlements and the court process 00:17:22 Legal practice: the different roles of barristers, and solicitors 00:26:17 Child custody law and its evolution in Hong Kong 00:41:06 The importance of co-parenting 00:56:17 Domestic helpers 01:03:44 Child custody and extracurricular activities 01:10:51 International relocation…
 
Adam Hugill interviews Frances Lok of Des Voeux Chambers about her path that lead her to build a strong career as a barrister in Hong Kong. They elaborate about some contentious employment matters they worked on together in the past 15 years as well as some other cases that Frances deals with, including some in the contentious probate area. Frances also discusses her temporary appointments as a judge in the District Court and High Court of Hong Kong and development related to growing work concerning Mainland Chinese parties and arbitration. SHOW NOTES: 04:07 A career at the Hong Kong Bar 07:15 Anton Piller cases 10:02 “Merry Christmas, Frances” and the BFAM v Mills case 13:22 Increasing number of arbitration cases 15:51 Contentious probate practice 18:16 The role as a judge Transcripts and more on our Employment practice: https://www.hugillandip.com/2024/01/the-barrister-series-s5e2-employment-law-with-frances-lok/…
 
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