Data hk is a resource designed to assist businesses that transfer personal data overseas. It offers extensive and detailed guidance for meeting the obligations arising under Hong Kong law when doing so, making this resource an invaluable tool for medium-sized enterprises that must balance international data transfers efficiently with local regulations on data protection.
Data Hk
Most information regarding data HK pertains to cross-border transfers; however, its principles and policies can also apply to domestic and international data flows. For instance, various definitions of personal data (eg: that which falls within the purview of PDPO; for instance: information that identifies natural people) exist that should be taken into consideration in all domestic and international data flows.
The PDPO requires data users to notify subjects prior to collecting personal data of its purpose, recipient class(es), and changes. They also need their consent in case there are changes in purpose of collection; although this can present significant challenges when conducting cross-border data transfers; PCPD offers advice on how to meet these obligations effectively in practice.
One issue with the PDPO is its failure to contain an express provision conferring extraterritorial application. Although many data privacy regimes provide some element of extraterritorial application, Hong Kong does not. Instead, when testing for extraterritorial application the key factor should be whether any part of data’s cycle (collection, holding, processing or use) takes place within or from Hong Kong – rather than using “controller” or “processor” definitions that are common across jurisdictions.
As such, Hong Kong data exporters typically conduct a transfer impact assessment prior to sending personal information out-of-region. These assessments can be extremely effective tools in mitigating risks associated with data transfers and should be adhered to as part of an organization’s ongoing commitment to best practices and ethical standards. Future approaches to transfers of personal data from Hong Kong could differ from those adopted in other jurisdictions and section 33 may become more commonly implemented restrictively; but for now it appears likely that PCPD will adopt an approach consistent with facilitating free flow between Hong Kong and other places around the world.