Hong Kong Data – The New Data Protection Ordinance

hk data is a comprehensive database that records the details of Hong Kong citizens, including their nationality, address and phone number. The information is updated on a daily basis. It is a useful resource for businesses, researchers and government agencies. Its purpose is to help prevent fraud, identify potential terrorists and provide better services to citizens. This database is also used by the police to track down people who have escaped from prison and those who are wanted for criminal activities.

The Hong Kong SAR is committed to building a vibrant digital economy. It has set up a committee to oversee its development, including digital infrastructure, digital transformation and cross-boundary flow of data. The committee aims to improve the top-level architecture of policy, governance and implementation, accelerate digital infrastructure construction and promote the secure and orderly flow of data. It also aims to cultivate talent in the field of digital technology.

This is a huge challenge, as data collection and management requires high-level technical skills and significant financial resources. It is important to ensure that the data collected is accurate, complete and up-to-date. In addition, the privacy of data subjects should be protected. This includes protection against unauthorised access, disclosure and use of personal data.

To achieve this goal, the Hong Kong SAR must have a unified regulatory framework and a strong legal base. The amendment Ordinance introduces new offences and penalties for serious breaches of the data protection law. For example, the Commissioner can serve a cessation notice where there is disclosure of personal data without consent; or when the discloser intends to cause specified harm to the data subject or any member of his or her family by that disclosure (new section 66K(1)).

The amendment also introduces exemptions from the use limitation and access requirements. The exemptions are: (i) safeguarding of Hong Kong’s security, defence and international relations; (ii) prevention or detection of any unlawful conduct or serious improper behaviour; (iii) assessment or collection of any tax or duty; (iv) the operation of news activities; and (v) due diligence exercises. The legislation will require public sector organisations to adopt a consistent approach to data management and use, including the sharing of information with other public sector departments. It will also establish an ombudsman to deal with complaints and grievances about the use of personal data. The ombudsman will have the power to investigate breaches of the data protection law.