Data hk is a term that is used by various businesses and organisations to refer to the protections and obligations that apply to their handling of personal data. These include statutory and industry-based obligations as well as best practice and ethical standards. There is also a wide range of international agreements that further extend these requirements. In addition, it is worth considering the implications of cross-border data transfer.
One of the key things to remember is that the PDPO applies to ‘data users’ – this means any person who controls the collection, holding, processing or use of personal data (whether in whole or in part). It does not matter that the person does not operate in Hong Kong or that his activities are not in any way carried out in Hong Kong.
A data user must comply with a wide range of obligations, including those laid down in DPP1 (Purpose and collection) and DPP3 (Use). In addition, he must expressly inform a data subject on or before collecting his personal data of the purposes for which the data will be used. If the data is to be transferred, then he must obtain the data subject’s voluntary and express consent to that transfer. This is because transfer is a form of use and is therefore covered by the PICS obligation.
This is important because it means that if a company in Hong Kong processes the personal data of EEA residents, then it must carry out a transfer impact assessment and agree to standard contractual clauses proposed by the EEA data exporter. In the event of a failure to comply with those requirements, it will be liable to enforcement action by the PCPD.
As well as carrying out a transfer impact assessment, a data exporter must identify and adopt supplementary measures to bring the level of protection in the foreign jurisdiction up to that required under the PDPO. This might include technical measures such as encryption, anonymisation or pseudonymisation; or it may involve additional contractual provisions that impose obligations on audit, inspection and reporting, beach notification, and compliance support and co-operation.
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