When it comes to data hk, there are many ways for you to get the information that you need. Some of these are more effective than others, but the most important thing is to make sure that you have a good plan for how to use the information that you get. You should also be aware of the risks that come with it, so you can avoid any problems that may arise.
The definition of personal data in the PDPO is broad and covers information that can be used to identify a person. This is in line with the meaning of the term in other legal regimes, such as the Personal Information Protection Law in mainland China and the General Data Protection Regulation in Europe. However, there is some debate over whether the PDPO is too broad.
If a person transfers personal data to a place outside of Hong Kong, he or she must comply with a number of obligations under the PDPO. This includes the obligation to obtain the voluntary and express consent of the data subject, and the obligation to inform the data subject of the purposes for which his or her personal data will be used. This information must be provided on or before collection of the personal data.
Moreover, a person who transfers personal data must ensure that the data is protected by appropriate technical and organisational measures. These must be sufficient to address the risks that are posed by the transfer and to safeguard the rights of the data subject. These measures can include encryption, anonymisation or pseudonymisation, and split or multi-party processing. In addition, the measures should be reflected in contractual provisions.
If the assessment reveals that the level of data protection in the foreign jurisdiction is not adequate, the data exporter must implement additional measures to bring the level of protection up to Hong Kong standards. These might be technical measures, such as encryption or anonymisation, or they might involve contractual provisions imposing obligations on audit and inspection, beach notification, and compliance support and co-operation.
The PCPD has published extensive guidance on these requirements. However, the implementation of these provisions has been a source of significant and onerous difficulties for businesses. This has been due to concerns about the impact on business operations, the cost of compliance and the difficulty in adapting contractual arrangements to reflect data sharing and processing arrangements with different partners. This has led to a reassessment of the approach to section 33. Nevertheless, the PCPD is keen to ensure that the provision remains an essential part of Hong Kong’s strong data protection framework. As such, there is ongoing focus on implementing an amended model contract that will help to facilitate timely implementation of this provision. This will be of particular interest to small and medium-sized enterprises that might otherwise struggle to achieve full compliance with the current provisions. The model contract will also provide a useful template for companies that wish to enter into arrangements that require the transfer of personal data overseas.
