In a world where data is constantly being collected and shared, the protection of personal information is more important than ever. The Hong Kong government is considering amending the Personal Data Protection Ordinance (PDPO) to require that businesses establish and adhere to a clear data retention policy while mandating that they inform data subjects of how long their personal information will be held by the company. This will help protect the privacy of individuals by ensuring that their information is only accessible to those who need it and that it is not used for purposes other than what was originally intended.
This is especially crucial for companies that use data-related technologies to learn about individual’s behaviours or processes, and share that information with other parties. These types of technologies could potentially be classified as personal data, and if so, they would need to comply with the PDPO’s six data protection principles. If they fail to do so, fines and other legal sanctions may apply.
The PDPO stipulates that an individual’s name and HKID number should not be displayed together or made available to the public, unless the person has given consent to do so in writing. In addition, the PDPO also sets out specific obligations for data controllers who collect and process personal information, and regulates the collection, holding and use of such information through a series of six data protection principles.
These measures are a step in the right direction, but they need to be further strengthened for companies that collect or process personal data. A move towards a strict definition of personal data would increase the protections afforded to individuals, and ensure that companies comply with the PDPO’s six privacy principles.
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