How to Protect Personal Data in Hong Kong

How to Protect Personal Data in Hong Kong

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In Hong Kong, personal data is regulated by the Personal Data (Privacy) Ordinance (“PDPO”). The PDPO establishes data subject rights and specific obligations for data controllers and regulates the collection, processing, holding and use of personal data through six data protection principles. It came into force in 1996 and was significantly amended in 2012 and 2021.

The first step is to consider whether the data at issue constitutes “personal data.” Data is defined in the PDPO as information relating directly or indirectly to an identified or identifiable natural person, including any such factors specific to that individual’s physical, physiological, genetic, mental, economic, cultural or social identity. The definition of “personal data” is similar to that in other jurisdictions, such as the GDPR in the European Union.

Once it has been determined that the data in question does indeed relate to an identifiable person, the PDPO’s statutory obligations should be considered. This includes assessing whether the data will be exposed to the risk of unauthorised access, disclosure or alteration, and the need to comply with all other six core data protection principles in the PDPO.

The next step is to consider the intention of the data user. The PDPO requires that the data user have a lawful purpose for collecting and using personal data, which must be specified at the time of the collection. The PDPO also places restrictions on the use of personal data, including prohibiting the use of personal data for unsolicited marketing and requiring consent before a data user can disclose personal data to a third party.

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