Data hk refers to the collection, processing, holding and use of personal data in Hong Kong. Data hk is regulated by the Personal Data (Privacy) Ordinance (“PDPO”). The PDPO provides data subject rights, sets out specific obligations to data controllers and regulates the collection, processing, holding and use of data through six data protection principles. It came into force on 20 December 1996 and has been amended twice – in 2012 and in 2021.
Modernisation of the PDPO is currently mooted, with proposals for the abolition of consent requirements and greater transparency on how data will be used. While these changes are yet to come into effect, businesses should ensure they understand their existing duties under the PDPO. This will include ensuring they have policies in place to manage any potential risks arising from the use of personal data.
It is also important to consider the implications of extra-territorial application, which may impact data flows between Hong Kong and the rest of the world. In addition, a business must be mindful that any third-party cloud service provider it engages in Hong Kong is likely to be subject to laws in that jurisdiction, and that it may need to disclose customer information upon request from law enforcement agencies in the event of an investigation or other legal proceedings.
The current definition of personal data under the PDPO includes information that identifies an individual, or from which it is practicable to identify the individual. This includes names, addresses, contact details, IP address and other information that is collected. However, there are exceptions to this rule, such as if the disclosure is required for:
A business that does not comply with the PDPO could face significant fines. Furthermore, if an employee breaches the PDPO, they may be liable for the company’s actions. This is why it is essential for businesses to ensure that their staff have the appropriate training and awareness of the PDPO, including the specific obligations and requirements relating to the processing of personal data.
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