Data hk is one of the world’s leading centers for innovation and technology. Its economy is fueled by a global pool of talent and a highly competitive business environment. The free flow of information is an essential part of this ecosystem, which has given rise to new digital technologies. However, the free movement of personal data must be balanced with concerns about data privacy. The Privacy Commissioner for Personal Data (PCPD) has taken on this challenge by promoting good governance of data processing and by imposing enforcement measures on data users.
PCPD’s regulations apply to any private or public sector organization that controls the collection, holding, processing or use of personal data. Its rules also cover the export of personal data to overseas jurisdictions. These regulations are enforced through a powerful privacy regulator that empowers the Commissioner to conduct criminal investigations and impose fines for select violations, such as doxxing.
The PCPD’s regulatory regime places a heavy burden on data users, including mandatory breach notification and the obligation to inform affected individuals of any breaches. The regulation’s penalties for noncompliance are stiff and serve to underscore the importance of ethical data handling practices and accountability within organizations. In addition to requiring companies to provide clear and detailed explanations of their data processing policies, the PDPO also requires them to implement security measures that protect personal data from unauthorised access, accidental or intentional loss or destruction.
A key component of PDPO policy is the requirement to obtain the voluntary and express consent of the data subject before transferring their personal data to another country or region. This principle is codified in PDPO’s DPP 1 and DPP 3. A data user cannot transfer data to classes of persons that were not specified in their PICS unless they obtained the prior consent of the data subject.
In the past, increased cross-border data flow was a motivating factor for putting the emphasis on implementation of section 33. However, resistance to the provision by the business community has led to a drift away from its implementation as a key policy objective.
In order to ensure compliance with PDPO, it is common practice for a data importer in Hong Kong to conduct a transfer impact assessment when importing personal data from another location. This assessment is designed to identify the supplementary measures that must be implemented in order to bring the level of protection in the foreign jurisdiction up to standards set out in PDPO. This may include technical measures, such as encryption, anonymisation or pseudonymisation, or contractual provisions governing audit, beach reporting and compliance support and co-operation.