Data hk refers to any piece of information which can be used to uniquely identify an individual. This may include personal details like their name, birthdate, address, telephone number and email address as well as genetic, mental, economic social cultural identity information. Data can be collected from different sources and analyzed in order to generate insights and reports used by businesses and government agencies for improving services or creating policy.
Hong Kong’s PersonalDataProtectionPolicy (“PDPO”) regulates the collection, holding, processing and use of personal data with six Data Protection Principles (DPPs). When it was introduced in December 1996 it made history as one of the first modern privacy laws implemented within a region. Furthermore, its transfer regulations protect personal data outside its territory as well as provide for its protection.
Before transferring personal data, a business must adhere to a number of obligations under the PDPO. These include verifying whether it is necessary and gaining consent, as well as considering any consequences or risks of such transfers and taking appropriate steps (including conducting an impact analysis for this process) to mitigate them, such as conducting an impact analysis of this particular transfer.
Impact assessments must be performed either by an independent third party or by the company itself and must include examination of foreign jurisdiction’s legal environment, laws and practices, national security concerns as well as technical measures available to increase protection such as encryption or pseudonymisation. It also takes into account contractual measures which can be included such as clauses for audit, inspection and reporting as well as beach notification support compliance support and co-operation support services.
If the impact assessment reveals insufficient mitigating measures to safeguard data adequately, the data exporter must notify data subjects about its transfer and its underlying reasons, review its Personal Information Collection Statement to see whether data subjects were informed that their personal information will be transferred and consider whether their consent must be sought from individuals prior to moving their personal data elsewhere if applicable and acquire that consent accordingly.
Data exporters must also maintain records of any personal data transferred, including an explanation for its transfer as well as measures taken to comply with PDPO requirements for transfer. Last but not least, it must adhere to any additional contractual obligations imposed by the data importer, such as audit, inspection and reporting responsibilities; beach notification requirements; support and cooperation agreements as well as compliance support services. Data exporters must notify both the Privacy Commissioner for Personal Data, individuals affected, as well as data importers in the event of a data breach, within 24 hours of becoming aware of it and report it to the Data Protection Authority within that same timeframe. Mandatory breach notification was established through amendments made in 2021 to the PDPO in order to increase accountability and foster best practice in terms of preventing breaches.