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Data Protection Laws in Hong Kong

  • Data Protection Laws in Hong Kong
10/03/2025
By starfish-impact In Gambling Blog

Data Protection Laws in Hong Kong

Pengeluaran HK hari ini menyajikan data yang akurat dan selalu dinantikan oleh penggemar togel. With the accelerated pace of modern technology, it is essential for any organisation to have reliable data to support their decision making processes and deliver business value. With a range of technical solutions, from point-of-presence to multi-megawatt data halls, Global Switch Hong Kong provides best-in-class facilities focused on resiliency.

In the context of international transfers, a data user is defined as any person who, alone or jointly or in common with other persons, controls the collection, holding, processing or use of personal data. This definition includes an individual who controls personal data by virtue of his ownership or control of a business that controls the collection, holding, processing or use. A data user may transfer personal data out of Hong Kong if the purposes for which the data are transferred are lawful and the consent of the data subject is obtained for that purpose. This is a more flexible approach than the one adopted in the European Union with the GDPR, where data cannot be transferred without the explicit consent of the data subject.

A data exporter must assess the foreign jurisdiction’s laws and practices and take supplementary measures to bring the level of protection to that of Hong Kong, if necessary. This might include contractual arrangements, such as standard data protection clauses; technical measures, such as encryption, anonymisation or pseudonymisation; and behavioural measures, such as opt-out registration or deregistration.

Unlike GDPR, the Hong Kong PDPO does not contain any express provisions conferring extra-territorial application. However, the PDPO does set out some grounds on which a data user may rely to justify disclosing a data subject’s personal data without their consent for a purpose other than the one for which it was originally notified. Moreover, the PDPO allows a data user to rely on these grounds when transferring data overseas.

A mooted change to the PDPO is an expansion of the definition of ‘personal data’, which currently only covers data that concerns an identifiable natural person. This might be achieved by adding to the existing list of identifiers which are deemed to be personal data: name; identification number; location data; online identifier; and factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of a person. It would make sense for a data exporter to consider this change. The information on a staff card, for example, often exhibits all of these identifiers and would therefore constitute personal data. It is vital that organisations carefully consider these changes before implementing them. They need to be clear about the implications for them and their customers. If they are not, they could face fines. In some cases, this might even lead to prosecution. It is therefore a good idea to seek expert advice before implementing any changes to their processes or systems. A data protection specialist can help them understand their obligations and the potential risks associated with different approaches to the handling of personal data.

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