Data Protection Laws in Hong Kong

Data hk is an online platform that serves as a vital link in the technology ecosystem, connecting wholesalers, resellers and end-users. It facilitates and accelerates business transformation by providing innovative and practical solutions that drive digital growth. It also provides a variety of tools and services that can help businesses solve problems caused by existing technologies. For example, software advancements such as Network AI by Allied Telesis can automate time-consuming tasks and free up employees for more critical work.

Hong Kong is on the cutting edge of modern data privacy laws, and its legislation has strong and specific provisions for regulating cross-border transfer. Its Personal Data (Privacy) Ordinance (“PDPO”) establishes data subject rights and specific obligations to data controllers through six data protection principles. The PDPO was first enacted in 1996, and amended significantly in 2012 and 2021.

A key provision in the PDPO is section 33, which prohibits the transfer of personal data out of Hong Kong without certain conditions being met. This is intended to ensure that a transfer of personal data out of Hong Kong will not compromise the level of protection provided under the PDPO.

To comply with section 33, a data user must fulfil a range of statutory obligations that cover all aspects of his or her handling of personal data. These include DPP1 (purpose and collection) and DPP3 (use). In general, a data user must provide the data subject with a personal information collection statement (“PICS”) before collecting the data, and must also obtain his or her voluntary and express consent to transfer the data to another class of person not set out in the PICS, or to use the transferred data for a purpose that was not specified in the PICS.

In addition to compliance with these obligations, a data user must consider whether there is any legal or ethical objection to transferring the data. If there is, the data user must explain this to the data subject. Depending on the circumstances, this may mean that a data transfer cannot be completed.

Lastly, a data user must make sure that his or her overseas counterparts are aware of the obligations under the PDPO, and have appropriate safeguards in place. This includes ensuring that there are suitable contracts in place with data processors and that the data is adequately protected while it is being transferred.

The best way to manage the complexities of data governance is through a structured, well-defined framework that can be implemented throughout your organisation. This should be led by a data governance leader who can build bridges between the business and IT functions. Ideally, this should be an experienced business analyst or senior IT professional with knowledge of the entire data governance process. This person will coordinate tasks for data stewards, help communicate decisions made by stewards and serve as the primary point of escalation to the executive sponsor and steering committee. This role is a vital component in the success of your data governance program.

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