CINEPOLY RECORDS CO LTD AND OTHERS v. HONG KONG BROADBAND NETWORK LTD AND OTHERS

CINEPOLY RECORDS CO LTD AND OTHERS v. HONG KONG BROADBAND NETWORK LTD AND OTHERS

The court held that Norwich Pharmacal relief remains available where the information sought is personal data; s58(1)(d) of the PDPO covers tortious conduct including copyright infringement and s58(2) therefore authorizes disclosure where application of Principle 3 would prejudice prevention, preclusion or remedying...

Source-derived case information.

Citation
CINEPOLY RECORDS CO LTD AND OTHERS v. HONG KONG BROADBAND NETWORK LTD AND OTHERS
Parties
1st Plaintiff: Cinepoly Records Company Limited; 2nd Plaintiff: Emperor Entertainment (Hong Kong) Limited; 3rd Plaintiff: Go East Entertainment Company Limited; 4th Plaintiff: Gold Label Entertainment Limited; 5th Plaintiff: Sony BMG Music Entertainment (Hong Kong) Limited; 6th Plaintiff: Universal Music Limited; 7th Plaintiff: Warner Music Hong Kong Limited; 1st Defendant: Hong Kong Broadband Network Limited; 2nd Defendant: Hutchison Global Communications Limited; 3rd Defendant: i-Cable Webserve Limited; 4th Defendant: PCCW IMS Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2006
Case Number
HCMP2487/2005
Procedural Posture
Norwich Pharmacal Discovery Application (miscellaneous Proceedings) / Interlocutory Decision
Outcome
Application granted; Norwich Pharmacal order made for limited disclosure of identities associated with specified IP addresses; plaintiffs permitted to use disclosed data only for enforcement of copyrights; costs ordered against plaintiffs in favour of all defendants on an indemnity basis
Legal Topics
Norwich Pharmacal Discovery, Copyright Infringement (online/p2 P), Personal Data (privacy) Ordinance Exemptions, Confidentiality Under Telecom Licence, Balance Between Administration of Justice and Privacy
Source Language
en
Intellectual Property Data Protection and Privacy Civil Procedure Telecommunications Law Norwich Pharmacal Discovery Copyright Infringement (online/p2 P) Personal Data (privacy) Ordinance Exemptions Confidentiality Under Telecom Licence +1 more

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Parties

Cinepoly Records Company Limited

1st Plaintiff

Emperor Entertainment (Hong Kong) Limited

2nd Plaintiff

Go East Entertainment Company Limited

3rd Plaintiff

Gold Label Entertainment Limited

4th Plaintiff

Sony BMG Music Entertainment (Hong Kong) Limited

5th Plaintiff

Universal Music Limited

6th Plaintiff

Warner Music Hong Kong Limited

7th Plaintiff

Hong Kong Broadband Network Limited

1st Defendant

Hutchison Global Communications Limited

2nd Defendant

i-Cable Webserve Limited

3rd Defendant

PCCW IMS Limited

4th Defendant

Procedural Posture

Norwich Pharmacal Discovery Application (miscellaneous Proceedings) / Interlocutory Decision

Legal Issues

  1. 1 Whether Norwich Pharmacal relief is available where the information sought is personal data under the PDPO
  2. 2 Whether s58(1)(d) of the PDPO covers tortious conduct including copyright infringement
  3. 3 Whether disclosure would breach Data Protection Principle 3 and therefore be precluded by the PDPO

Ratio Decidendi

The court held that Norwich Pharmacal relief remains available where the information sought is personal data; s58(1)(d) of the PDPO covers tortious conduct including copyright infringement and s58(2) therefore authorizes disclosure where application of Principle 3 would prejudice prevention, preclusion or remedying of that conduct; the plaintiffs proved the Norwich Pharmacal elements and the balance of competing interests favored disclosure; a court order authorizing discovery under equitable jurisdiction constitutes authorization by law that permits disclosure despite licence confidentiality; accordingly the ordered limited disclosure of names, addresses and Hong Kong identity card...

Court Disposition

Application granted; Norwich Pharmacal order made for limited disclosure of identities associated with specified IP addresses; plaintiffs permitted to use disclosed data only for enforcement of copyrights; costs ordered against plaintiffs in favour of all defendants on an indemnity basis

Orders

  • 1. 1st Defendant to disclose within 10 days the full names, postal addresses and identity card numbers of persons assigned the IP addresses listed in Annex A on the dates/times indicated (to plaintiffs' solicitors, in documentary form if known or available).
  • 2. 2nd Defendant to disclose within 10 days the full names, postal addresses and identity card numbers of persons assigned the IP addresses listed in Annex B on the dates/times indicated (to plaintiffs' solicitors, in documentary form if known or available).