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Modernisation of Hong Kong’s data privacy laws may soon occur, but until that happens, companies that utilize personal data must ensure they understand their obligations and compliance measures under its current regime. This is especially important for data-related technologies that learn about individuals with potential repercussions for them. Businesses using personal data in Hong Kong must also remain mindful of the PDPO definition of “personal data”, which has not been revised since 1996 – so differs significantly from similar legislation such as GDPR in Europe.
The definition of personal data under the PDPO is expansive, covering any information that can be used to identify an individual such as his/her name; identification number; location data; online identifier; factors specific to an individual’s physical, physiological, genetic, mental, economic cultural and social identity as well as health data. Additionally it extends to business records which may also identify an individual such as customer databases personnel files CCTV footage etc.
There are, however, exceptions to the broad scope of personal data under the PDPO. It is unlawful for data users to provide personal data to third parties for direct marketing without first receiving consent from individuals; violators could face up to HK$500,000 fines for doing so.
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