A new generation of Hong Kongers is more familiar with technology and are increasingly comfortable using it to conduct their daily lives. They expect businesses to respect their data, including those gathered through their use of social media and online services. They are also concerned about the security of their personal information and want it to be stored securely. To address these concerns, the government is considering a number of changes to data protection laws.
For example, it is proposed that the definition of a personal identifier be extended to include factors specific to an individual’s physical, physiological, genetic, mental, economic, cultural or social identity. This is similar to the way in which the European Union’s General Data Protection Regulation (GDPR) defines an identifiable natural person. This change is intended to make it easier for data controllers and processors to identify and comply with their obligations under the PDPO.
Another potential change is to prohibit the use of an individual’s personal identifier in direct marketing without their consent. This would make it an offence under the PDPO and could lead to a fine of up to HK$500,000. In addition, it could lead to imprisonment of up to three years if the offence is committed for commercial gain. It is worth noting that in Hong Kong, individuals may already opt out of receiving unsolicited direct marketing calls by registering their telephone numbers on the Do Not Call list.
It is also important for business to understand the law on data transfers, which may differ from the law in other jurisdictions. Padraig Walsh, from Tanner De Witt’s Data Privacy practice group, outlines some of the key points to consider when transferring personal data between locations.
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