The Importance of Data Protection in Hong Kong

Several jurisdictions now have extra-territorial application of their data protection laws. This is true for Hong Kong, too. However, the PDPO’s territorial scope is limited to “data users”. A data user is defined by reference to his operations controlling collection, holding, processing or use of personal data. Thus, if a person does not have any operations controlled in, or from, Hong Kong, he is not subject to the PDPO.

The obligations of a data user include the obligation to inform a data subject of the purposes for which the data is collected, and the classes of persons to whom the data may be disclosed. It also includes an obligation to notify the data subject of his rights in respect of his personal data. This is generally fulfilled by providing the data subject with a Personal Information Collection Statement (PICS) on or before the collection of his personal data.

In addition, the PICS must contain details of the organisation responsible for the handling of his personal data, and provide a contact address for any questions or complaints. The PICS must be provided in a form that is easily understandable by the data subject.

One way to comply with these obligations is to put the PICS on a website. Another way is to print the PICS and make it available to data subjects. The exact format of the PICS is not specified in the PDPO. It is therefore important to consult the PDPO to determine which format is best for your organisation.

Having a comprehensive database of personal data is essential for businesses. It allows them to manage their customer relationships, track performance and make informed decisions about future strategies. It also helps them meet regulatory requirements such as those imposed by the PDPO.

It is a good idea to review the data you have on file, especially those related to sensitive information. It is also a good idea to update your database regularly. Moreover, it is a good idea to have a backup of your data in case of any disasters.

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