The Personal Data Protection Ordinance (PDPO) sets out a comprehensive legal framework for data privacy in Hong Kong. Its six data protection principles establish data subject rights and specific obligations to data controllers, and control the collection, processing, holding and use of personal data.
The PDPO was first introduced in 1996 and has since been amended twice: in 2012 and 2021. The most recent amendments largely related to regulating direct marketing. It also addressed the act of disclosing personal data without consent, commonly referred to as doxxing.
A key issue for businesses is whether the PDPO will move towards a definition of personal data that is harmonised with that under GDPR. If it does, it would mean additional protection for individuals and increase the compliance measures required for companies who use data. This is particularly the case for those that use data-related technologies that learn about an individual’s behaviour or process information that will have an impact on the individual.
It is also likely that the PDPO will introduce requirements for the approval of certain transfer arrangements, including those that involve the remarketing or reprocessing of personal data and those which have an international element. This will require an assessment of the level of risk posed to the individual’s rights and freedoms. Such a requirement could potentially lead to an increased burden for businesses that transfer data overseas, particularly those that are already required to carry out a data protection impact assessment under GDPR.
A data protection impact assessment is not a mandatory requirement in Hong Kong, although there are increasing instances where it is necessary by virtue of the laws of other jurisdictions. For example, an EEA data exporter must undertake a DPIA before transferring any personal data to Hong Kong. It is also likely that there will be increased demands for the PCPD to ensure that business compliance with data transfer requirements is effective, efficient and robust.
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