Data hk is an important part of modern life and it is a necessity for businesses to stay connected in order to run their operations. It also helps people stay informed and safe online. It is essential to have a data plan when traveling abroad. This allows you to use maps and social media. It also allows you to stay in touch with friends and family. Whether you are travelling for business or pleasure it is important to have a plan that works for your specific needs.
One of the main issues that arises is the territorial scope of data protection laws. Many jurisdictions have a requirement that a data transfer impact assessment be conducted prior to any international data transfers. This is to ensure that the laws of a particular country provide adequate protection for personal data. While the requirement to conduct a transfer impact assessment is not currently in place in Hong Kong, there are increasing instances where a PICS (Personal Information Collection Statement) must be prepared and a privacy notice provided if a personal data transfer is contemplated. The requirements of this step are considerably less onerous in Hong Kong than in some other jurisdictions.
Another issue is the definition of personal data. While the PDPO (Data Protection Act) uses the broad term “personal data”, some commentators have argued that it is not wide enough to capture all types of personal data. It does not, for example, include photographs of crowds at concerts or logs of car park entries that do not identify individual persons. There is a mooted change to the definition of personal data that would extend it to all data that relates to an identifiable person, which would make it more consistent with the definition in other legislative regimes.
When considering a cross-border transfer of personal data, the first step is to consider whether the PDPO applies. This is determined by whether a person is a data user, which is defined as a person who, either alone or jointly or in common with other persons, controls the collection, holding, processing or use of personal data. It is possible that a person who does not have any operations controlled in, or from, Hong Kong could be a data user, but the PCPD (Data Protection Commissioner) has ruled that it will be difficult to enforce enforcement action against such persons because of their lack of territorial jurisdiction.
Once a person is identified as a data user, then he must comply with the six core data obligations in the PDPO. This includes ensuring that he has a lawful basis for transferring personal data and that he has appropriate contracts in place with the data importer to protect the personal data from unauthorised access, processing or destruction. It is also a data user’s obligation to expressly inform a data subject on or before the original collection of his personal data of the purposes for which it will be used and the classes of transferees to whom it may be transferred.