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This month, Hong Kong government will introduce a pilot scheme designed to facilitate easier flow of personal data between Hong Kong and Greater Bay Area in mainland China across sectors including banking, credit referencing, healthcare and the media. A standard contract will be put in place, lifting compliance requirements imposed by mainland authorities on how much data can be transferred as well as streamlining information required for protecting personal data protection, according to an announcement from Innovation Technology and Industry Bureau.
Personal data refers to any information that allows a person to be identified, and is protected under the Personal Data Protection Ordinance (PDPO), which enumerates six data protection principles which provide data subjects with rights and controllers with obligations.
Important principles include that data must only be collected for lawful purposes; no excessive quantities should be collected, processed, or disclosed without consent, while it must also remain accurate and up-to-date for its intended use and not be retained longer than necessary for those purposes.
Exemptions to use limitations and access requirements include safeguarding Hong Kong security, international relations, crime prevention or detection, tax or duty assessment or collection, news activities, legal proceedings and life-threatening emergency situations. Although the PDPO doesn’t explicitly grant extraterritorial application, other provisions allow data users to rely on implied or express consent as well as contractual or other arrangements that ensure agents or contractors adhere to its requirements.
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