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Data users must be aware of the potential implications of sharing personal data with third parties. The PDPO defines “personal data” as information that relates to an identified or identifiable person. The definition is similar to that used in other laws, such as the Personal Information Protection Law that applies in mainland China and the General Data Protection Regulation that applies in the European Economic Area. The PDPO also contains provisions that require the consent of an individual to share his or her personal data with a third party.
In addition to requiring written consent from an individual, data users must provide clear and concise privacy notices that include contact details of the data controller, a description of the purpose for which the personal data will be used and any other relevant information, including the name and address of the data controller. The data controller must also explain the rights of the individual to access and correct his or her personal data, as well as the right to request the deletion of his or her personal data.
The PDPO requires a data user to implement security measures to protect personal data from accidental or unauthorised access, processing, erasure or loss. The security measures must be appropriate to the risk of the processing, and include encryption and other technical and organisational measures. Data users must also ensure that the personal data they process is not kept for longer than necessary for the purpose for which it was collected or processed.
A data user must notify the Commissioner of a breach of its obligations under the PDPO within 30 days of becoming aware of the breach. The Commissioner may impose a fine on the data user if it fails to notify the Commissioner of the breach within the prescribed timeframe.
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The PDPO applies to any organization that controls the collection, holding, processing or use of personal data in Hong Kong, even if the processing takes place outside of Hong Kong. This includes organizations that control the processing of personal data via an agent or contractor. However, it does not apply to organizations that do not control the processing of personal data in Hong Kong. This article examines how the PDPO’s extra-territorial application is interpreted and applied in practice.