Personal data can easily travel across borders and between organizations and within the public sector, necessitating compliance with local laws when handling this data. Hong Kong addresses this through its Personal Data Protection (PDP) Ordinance and DPP Framework as well as with enforcement orders issued by its Information Commissioner.
The PDP and DPP are essential tools for protecting data against unauthorised access, processing, erasure, loss and misuse. Unfortunately, however, some challenges remain; for example, not enough clarity has been provided on which entities are permitted to process personal data while collecting it from data subjects; additionally there are inadequate penalties in place when violating its provisions.
To address these challenges, the Hong Kong Information Commission has proposed amendments to both the Personal Development Plan and Development Prosperity Plan in order to increase transparency, strengthen individual rights, and provide enforceable enforcement powers. Before these amendments can take effect however, they must first be passed by both Legislative Council and Executive Yuan before becoming law.
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