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Sun Dong, Secretary for Innovation, Technology and Industry on RTHK’s Overview Policy programme highlighted data as a vital aspect of Hong Kong’s development as a global data hub. He mentioned its efforts in pushing cross-boundary data flows and mutual recognition agreements between SARs as examples of this. Furthermore, Sun highlighted the launch of a locally developed generative AI model as being instrumental to increasing artificial intelligence development within SAR borders.
Hong Kong data users must expressly inform their data subjects prior to collecting their personal data of its intended use and of who it may be transferred, per the DPP1 (Purpose) and DPP3 (Use) regulations. They also require voluntary and express consent before any transfer of such personal data for purposes that were not specified in PICS.
Although many data privacy regimes include provisions conferring extraterritorial application, the PDPO does not. Instead, its jurisdictional scope extends only to users that control the collection, holding, processing or use of personal data in Hong Kong; hence it is vital for data users to conduct an assessment in order to ascertain if their operations fall within its jurisdictional reach.
As soon as personal data has been gathered, it should not be displayed alongside an individual’s name or HKID number; rather it should only be revealed to those who need it in order to fulfill its intended use and stored securely according to principles laid down by PDPO. An employee ID card which displays information such as job title, photo and employee number could contain personal data which should be handled according to this law.
The proposed changes to the PDPO will have far-reaching ramifications for both large corporations and small businesses, necessitating them to conduct an exhaustive review of their compliance frameworks before updating them accordingly. As part of their preparations to comply with new requirements pertaining to data retention and breach notification policies, companies will need to review their existing retention and notification policies as well as complying with requests from individuals wishing to access their personal information. Additionally, they must adapt their internal training and awareness programs in line with these changes to the PDPO and ensure their employees understand its implications – all positive developments that will contribute to improving data protection in Hong Kong.