HK Data
Hong Kong is an important regional entre for many multinationals and a center for cross border businesses. Its extensive network of submarine cables makes it an ideal location for data growth. Nevertheless, there are also data privacy concerns in this area. In particular, the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) (“PDPO”) prohibits the transfer of personal data outside Hong Kong unless one of several criteria is met.
The PDPO sets out regulatory requirements for the collection, holding, processing and use of personal data, as well as a set of Data Protection Principles. It is administered by the Office of the Privacy Commissioner for Personal Data.
Generally, the PDPO does not require the provision of personal data to a law enforcement agency or other body, but it does list certain grounds that a data user may rely on as defense when disclosing a data subject’s personal data without their consent for a new purpose. In addition, section 33 of the PDPO sets out express provisions against cross border transfers of personal data.
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