Data hk refers to personal information collected or used in Hong Kong, even when processing takes place outside the territory. This includes any information that can be used to identify a natural person, including but not limited to their name, nationality or identification number. It also refers to information about a person’s location, online identifier and factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity.
There has been no update as yet in the definition of “personal data” in Hong Kong, though change has been advocated by the Privacy Commissioner for Personal Data (“PCPD”). Unlike other legislative regimes, 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, which explicitly mention online identifiers, the Hong Kong definition of personal data does not. The PCPD’s proposals would include adding online identifiers to the existing list of identifying information, thereby making it easier for organisations to comply with the PDPO.
A key issue is whether the PDPO will also cover data processed by a processor. The legislation currently provides that a data user is liable for its agent’s or contractor’s breach of the requirements, irrespective of whether or not it had actual knowledge of the breach. This makes it a challenge for data users to outsource their data processing functions. The HK Government has been reviewing the PDPO to examine ways of improving its enforcement.
The PDPO was first enacted in 1996, and is broadly consistent with international norms on the meaning of personal data. However, as technology and the internet have evolved, so too has the meaning of personal data. As such, it may be time to update the definition.
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