Data Protection Laws in Hong Kong

Data is the lifeblood of modern society, driving innovation and economic growth. But this new role also comes with increased threats to privacy, which is why Hong Kong has been working hard to improve its data protection laws. The new laws will require companies to be more transparent about how they use personal information. They will also make it easier for people to request access to their own data. These changes are expected to be implemented in early 2020.

The Hong Kong government has announced a new deal with the Chinese mainland to boost data flows between the two cities. The new agreement is expected to help facilitate the transfer of mainland data to Hong Kong in a convenient and orderly manner, which could support the city’s goal of becoming a global data hub. This would lower compliance costs for businesses and drive digital development in the city. In a statement, the city’s tech chief Sun Dong said that this deal will benefit the economy and help Hong Kong compete with other international cities for talent and capital.

Under current statutory and common law in Hong Kong, only certain kinds of personal data are protected under the Privacy Ordinance. This includes personal information such as names, addresses, dates of birth, bank account numbers, and passport or driver’s license details. It also covers personal records held by the police and public hospitals. In addition, the city’s Bill of Rights stipulates that no person shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, or to unlawful attacks on his honour and reputation.

But it is important to note that the data hk does not include any express provisions conferring extra-territorial application. It only applies to data users who control all or any part of the data cycle (collection, holding, processing, and usage) in Hong Kong. This means that a data user cannot transfer personal data from Hong Kong to a third party without first obtaining the consent of the individual.

There are several factors that determine whether or not data hk is applicable to a particular transfer. First, the data user must consider whether or not the data is considered personal. This can be determined by looking at the purpose of the collection and how it is used. For example, a photograph of a crowd at a concert is not considered to be the collection of personal data, as it is not intended to identify individual members of the audience. This applies even if the photographer can clearly identify them.

The second factor is whether the data transfer has been notified to the data subject. This can be done through a privacy notice or an online privacy platform. Finally, the data user must ensure that the transfer is carried out in a way that complies with the PDPO and any other relevant laws. If not, the transfer may be prohibited or subject to a penalty. In this case, the data user should seek legal advice immediately.