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As a data user, you must fulfill your obligations by providing data subjects with a personal information collection statement (PICS) before collecting their data. This should clearly state the purposes for which your company collects their personal data, as well as the classes of persons to whom the data may be transferred. Moreover, you must obtain their voluntary and express consent before transferring their personal data to a class of person that was not set out in the PICS, or using it for a purpose other than that for which it was collected.
In addition, the PICS must also indicate whether your company will be using automated decision-making or profiling. These are both significant points, as they have the potential to impact individuals’ privacy significantly. Furthermore, if you intend to use your personal data for marketing purposes, the PICS must contain your business contact details and clearly indicate that your data will be used for such purposes.
Under Hong Kong law, ‘personal data’ means any information relating to an identifiable natural person. This definition has not been updated since the PDPO was first enacted in 1996, and is similar to the meaning of personal data under other legislative regimes such as the Personal Information Protection Law that applies in mainland China and the General Data Protection Regulation that applies in the European Economic Area. The term ‘identifiable’ is broadly defined, and it can include factors relating to the physical, physiological, genetic, mental, economic, cultural or social identity of a person.
The PDPO also states that the data user must comply with all applicable laws and regulations of Hong Kong, including those on the protection of personal data. This includes the prohibition on the misuse of personal data and the requirement to take reasonable steps to protect it against unauthorised access, disclosure, destruction or modification. In addition, a data user must comply with any instructions given to it by the PCPD in respect of the processing of personal data.
The PDPO provides a strong legal framework for the protection of personal data. As such, it is a valuable tool for businesses looking to transfer data abroad. However, there are still restrictions on international data transfers that should be taken into account. Nevertheless, if properly enforced, the PDPO should strengthen Hong Kong’s position as an international data centre hub. This will benefit the economy and enhance its role as a regional hub for the global economy. In addition, it will create more employment opportunities in the information technology sector and boost innovation.
