Data Protection in Hong Kong

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The Hong Kong data protection regime is governed by the Personal Data Protection Ordinance (PDPO). The PDPO establishes data subject rights and specific obligations to data controllers through six data protection principles. It came into force on 20 December 1996, and has been amended in 2012 and 2021. Despite its comparatively short history, the PDPO has already become a key legal tool in protecting data subjects’ privacy in Hong Kong.

To comply with PDPO, data users must be clear and upfront with their data subjects about what purposes their personal data will be used for. This includes informing them of the purpose of collection, whether they need to collect the data for a particular purpose, and who will receive their personal data. It also requires that they take reasonable steps to ensure that personal data is not retained for longer than necessary. Those obligations are generally met by providing a PICS to the data subject at the time of collecting the data, although it is not mandatory for them to do so.

A major concern that many businesspeople have with adequacy/equivalence regimes is the perceived adverse impact on their business operations and the difficulty of compliance. In a globalized economy, these concerns are valid. However, the fundamental business view is that it is not necessarily a good thing for cross-border data transfers to undermine data privacy. This viewpoint has been reflected in the PCPD’s chain of communications and, indeed, the overall tone of its messages.

It now looks likely that the PCPD will not pursue a vigorous enforcement policy on section 33 of the PDPO in the short term. It is certainly possible that, in the long term, business needs and the need for efficient, reliable and secure means of transferring data with mainland China and internationally may drive changes to the current position.

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