The Intersection of Digital Assets and Data Protection

Regulatory Ramblings

Episode 42 - Jonathan Crompton, Reynolds, Porter & Chamberlain
Jonathan Crompton is a Hong Kong-based partner at the law firm of Reynolds, Porter & Chamberlain (RPC) where he helps companies and individuals navigate complex cross-border disputes and investigations involving their Asian operations, specialising in commercial matters (in particular for the retail industry), financial services and technology related disputes and cyber incidents.
And as the lead for RPC’s 'ReSecure' cyber incident response service in Asia, he advises local and multinational clients on cyber-attacks, data privacy and law enforcement investigations, as well as helping clients across the globe to recover money transferred to Hong Kong bank accounts as a result of cyber and other frauds.
Jonathan advises on all forms of disputes including litigation before national courts and arbitral tribunals operating under various rules (in particular, the HKIAC, ICC and UNCITRAL), and on investigations by regulators (notably financial services regulators such as the Securities and Futures Commission). His clients include senior individuals, asset managers, and leading multi-national corporations and brands. As a result of RPC's predominantly 'conflict-free' model for financial services disputes, Jonathan represents senior individuals and companies in claims brought by or against leading banks where other firms are often unable to act.
He is also a founding member of the Hong Kong chapter of the Crypto Fraud and Asset Recovery (CFAAR) network, the first global association for such professionals. The London chapter was launched in London in 2021, with the Hong Kong chapter formed in August 2022.
In this episode of Regulatory Ramblings, Jonathan chats with host Ajay Shamdasani about his background, upbringing and how he ended up in the legal profession. The bulk of the conversation, however, is devoted to data protection and digital assets, specifically the February raid of the offices of WorldCoin by the Hong Kong Office of the Privacy Commissioner (PCPD). They discuss the PCPD’s expression of concern about WorldCoin's collection and storage of iris scans in exchange for its WorldCoin token (WLD).
As Jonathan points out, the case was a clear example of the increasing intersection of personal data protection principles and digital assets. The conversation also covers his recent LinkedIn post in which he stated that the Privacy Commissioner Ada Chung’s action was further proof that she was flexing her existing powers – even before the amendments to the territory’s Personal Data (Privacy) Ordinance are expected to be enacted within the next year.
They also discuss what shape Jonathan envisages those amendments taking, as well as what cases he has seen in his practice in recent times involving virtual assets, digital contracts and cybersecurity, as well as related emerging methodologies, trends and themes.
USEFUL LINKS
Jonathan Crompton on RPC page and on LinkedIn
CFAAR – About Us
PCPD warning on World Coin Project

New book - FinTech: Finance, Technology & Regulation
HKU-SCF Fintech Academy
Asia Global Institute
Professional Certificate in FinTech

HKU FinTech is the leading fintech research and education in Asia. Learn more at www.hkufintech.com.

Kapitel

1. The Intersection of Digital Assets and Data Protection (00:00:00)

2. Journey from Military Roots to Legal Frontiers  (00:03:01)

3. Perspectives on Legal Specialisation in the Virtual Asset Sphere (00:11:00)

4. Understanding Cryptocurrency Fraud and Legal Challenges in Recovery (00:20:52)

5. Assessing the Efficacy of Asset Tracing Rules in Cryptocurrency Fraud Cases (00:29:16)

6. Money Mules, Cybercrime, and the Evolution of Financial Fraud (00:38:12)

7. Complexities of Cybercrime and Deepfake Deception in Financial Fraud (00:42:48)

8. Insights into Crypto Regulation and Risk Management from CFAAR (00:45:29)

9. Intersection of Personal Data and Digital Assets: Insights from WorldCoin and NFTs (00:59:34)

10. Personal Data Privacy: Insights into Legislative Amendments and Regulatory Enforcement in Hong Kong (01:05:52)

11. Adapting Legal Careers to Emerging Technologies, Change and Uncertainty (01:17:01)