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Hong KongLaw and Crime

To agree, or not agree? New Hong Kong privacy commissioner wants terms of agreement to encourage 'informed consent'

Ideal length for terms and conditions should be "like a woman's skirt - long enough to cover the subject and short enough to create interest"

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Barrister Stephen Wong Kai-yi, 60, is the city's new privacy chief
Samuel Chan

The often lengthy and jargon-filled terms of agreement one is expected to read before downloading a smartphone application or signing up for a service do not encourage meaningful consent, the new privacy commissioner said.

"Who would read it when it suddenly pops up?" asked Stephen Wong Kai-yi during an interview with the South China Morning Post. "Often one's reaction is to get it out of the way.

"What we are talking about is how to enable informed consent."

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Wong defined informed consent as ensuring a person truly understood the risks involved in agreeing to use a service.

He said terms of agreement should be written in layman's language as well as presented in an engaging manner.

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Recalling Winston Churchill's quip on what makes a good speech, Wong said the ideal length for terms and conditions should be "like a woman's skirt - long enough to cover the subject and short enough to create interest".

Wong also identified the default settings as needing some re-examination.

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