The term data hk refers to personal information collected or used in Hong Kong, even if the processing takes place outside the territory. This includes any information that can be used to identify a living individual, whether it is directly identifiable or not. It may also include information about legal entities such as companies and trusts. Personal data is defined by the PDPO as any information which relates to a living individual from which it is practicable to identify that individual. It includes any information about the identity of a living individual, including his or her name, address, telephone number or other contact details. It may also include information about the person’s nationality or ethnicity, religion, occupation or other social circumstances, financial status, medical history or political activities.
Although modernisation of the data protection laws is mooted, for now businesses should ensure they understand their obligations under the existing framework. This means that they should only use personal data collected in compliance with the PDPO and ensure it is not shared outside of the company.
In addition, they should only use personal data obtained for the purposes set out in the PDPO and only for as long as is necessary. They should also ensure that any contractors or agents they use are familiar with the requirements of the PDPO and abide by them. They should also have appropriate contractual or other measures in place to protect personal data from unauthorised access, processing, erasure, loss or use, and to only keep the data for as long as is necessary for the purpose for which it is collected.
If they do not comply with the PDPO, the business may be subject to prosecution and fines. In the event of a breach, the business should notify the data protection officer and provide full disclosure of the breach, along with any remedial action taken. The data protection officer should then assess the breach to determine if it is a serious and/or persistent breach that warrants disciplinary action against the breaching party.
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