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The HK government is exploring potential changes to the Personal Data (Privacy) Ordinance (PDPO), including a change in the definition of personal data. Currently, data must be about an identifiable individual in order to qualify as personal data. The proposed change would broaden the scope of what is considered to be personal data and increase compliance requirements for companies that use data.
In addition, the PDPO requires a data user to ensure that an agent or contractor that processes personal data is bound by contractual or other mechanisms that protect the personal data from unauthorised access or processing, erasure, loss or destruction. This requirement applies even if the data processing cycle takes place outside of Hong Kong.
However, it is not always possible to control the activities of processors. For example, a cloud service provider may have to disclose personal data to law enforcement agencies in accordance with Hong Kong laws. This is because a data user is required to comply with lawful requests made by a government body or regulator in Hong Kong, unless there are legal grounds to refuse such a request.
The PDPO also prohibits a data user from disclosing personal data to a third party without the consent of the data subject, unless it is necessary for the performance of the PDPO or is required under a lawful authority or regulation. This includes sharing personal data for marketing purposes, unless the data subject has given their consent to do so. It is therefore important to review your privacy policies when choosing a cloud service provider.
Tech Data Distribution (Hong Kong) Limited (“Tech Data HK”), a TD SYNNEX company, is a global distributor and solutions aggregator for the IT ecosystem. They help customers maximize their technology investments, demonstrate business value and unlock growth opportunities. Their 23,500 co-workers are dedicated to uniting compelling IT products, services and solutions from 1,500 best-in-class technology vendors.
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