Data hk is a crucial part of the business world and it is vital to understand data privacy. This includes knowing how to protect personal information and making sure that this information is not shared with third parties. It also means understanding how to comply with laws and regulations. In addition, it is important to know how to protect your personal information online.
A person controls collection, holding or processing of personal data if he has the ability to exercise control over it (section 33 of the PDPO). This includes the capacity to control disclosure and transfer of data outside Hong Kong. It does not, however, include the capacity to act on behalf of another person, or the power to direct others in that capacity.
This means that if someone has the capacity to control disclosure and transfer of personal data, he must fulfil a number of statutory obligations in relation to those activities, even if he does not intend to do so. In the context of data transfer, this includes the obligation to expressly inform a data subject on or before collection that his personal data will be transferred to a class of persons to whom the data may be disclosed and that his personal data is required for one or more of the purposes set out in the notification.
If a business is going to transfer data to a jurisdiction outside the European Economic Area, it must conduct a transfer impact assessment. This is to determine whether the level of protection offered in that jurisdiction meets the standards required under the PDPO. It may be necessary for the business to adopt supplementary measures in order to bring the foreign jurisdiction’s legislation and practices up to standard. These can be technical or contractual in nature and can take the form of separate agreements, schedules to contracts or clauses within larger commercial arrangements.
The PCPD has published extensive guidance on the requirements for data transfers, with recommended model clauses for inclusion in contracts. These are not binding, but the PCPD has indicated that it expects businesses to use them to ensure compliance with their statutory obligations, and in particular the six DPPs that form core data obligations under Hong Kong law.
A growing number of businesses are now facing the requirement to conduct a transfer impact assessment in circumstances where they export personal data to countries outside of the European Union. This will be in addition to the existing requirement for a data exporter to agree to standard contractual clauses where it is importing personal data from the EEA. This is a growing issue for businesses and it is important that they remain vigilant about the requirements for transfers of data between jurisdictions. This includes ensuring that they adhere to best practice and ethical standards in their governance of personal data. This is essential for the continued competitiveness of the Hong Kong economy.
