Challenges and Opportunities of Data Hong Kong
Data hk is an important part of the global economy and the lifeblood of businesses. However, this data is also sensitive and requires appropriate protections. This article explores some of the challenges and opportunities of data hk. It provides an overview of the current regulatory framework and discusses recent developments in this area. Finally, the article describes a new and innovative approach to the treatment of personal data, the Access My Info: Hong Kong project (AMI:HK).
This is a website that assists individuals in making requests to telecommunications companies for their information. It is an important tool for ensuring that people’s rights are respected and their privacy is protected. The website was developed by a number of organisations including the Chinese University of Hong Kong’s School of Journalism and Communication, InMediaHK, Keyboard Frontline, Open Effect, and Citizen Lab.
It is not currently mandatory under Hong Kong law for businesses to carry out a transfer impact assessment, but there are a growing number of circumstances in which a Hong Kong business will need to be involved in a transfer impact assessment by virtue of the application of laws of other jurisdictions. This is particularly the case in relation to transfers of personal data from the European Economic Area.
There are a number of ways that a data user can fulfil the obligations of DPP1 and DPP3. For example, by providing a notice to a data subject before collecting personal data about them which clearly sets out the purposes for which it will be used and the classes of persons to whom the data may be transferred. It is also good practice for the data user to provide this information in writing.
However, it is important to remember that the scope of a data user’s obligations in respect of a transfer of personal data is limited. The PDPO only applies to data that relates to identified or identifiable persons. This means that a staff card, which exhibits a person’s name, HKID number and employer, does not constitute personal data and would therefore not be subject to the above obligations.
A data transfer may be exempted from the PDPO if it is done in accordance with an agreement that satisfies certain criteria, for example the standard contractual clauses approved by the European Commission. It is important to check that such an agreement complies with the conditions of the PDPO before a business decides to transfer personal data out of Hong Kong. There are still many areas of uncertainty in this regard and it will be interesting to see how these uncertainties evolve as the PDPO continues to be implemented. In the meantime, it is important for businesses to be aware of these uncertainties and plan accordingly. Moreover, they need to be mindful of best practice and ethical standards in their governance of personal data. This will help them to avoid potentially costly litigation in the future.