Transparency and Integrity of Data Hk
Data hk is an important component of the information ecosystem in Hong Kong. It is essential for a wide range of economic activities, including the collection of consumer spending and sentiment, and enhancing public services such as healthcare, education and financial regulation. As a result, it is vital that all stakeholders have confidence in the quality and integrity of data hk. Data stewards are responsible for data transparency, and they should ensure that data has been validated at source. They should also understand the data lifecycle, including where it came from and how it has been used, how long it needs to be kept, and which systems it has passed through or been enriched by. This will enable them to make informed decisions about whether the data can be safely shared.
The PDPO defines personal data as information that identifies, or could reasonably identify, an individual. However, the definition does not exclude information that is anonymous or cannot be used to identify an individual, such as information about a general crowd at a concert or the results of a poll. Similarly, CCTV recordings, logs of persons entering car parks and records of meetings do not constitute the collection of personal data under Hong Kong law, provided that they are not used to identify individuals.
The PCPD’s recommendations for contractual arrangements for cross-border transfers of personal data include the requirement to inform data subjects about the transfer of their personal data and the underlying reasons. The PDPO also requires a data exporter to consider taking legal advice before agreeing to any contractual arrangement that involves the transfer of personal data outside Hong Kong, and to keep proper records of all personal data that it transfers and all efforts it has made to comply with requirements for cross-border data transfers.
As part of the broader initiative to strengthen the protection of personal data, the Hong Kong government has stepped up cooperation with mainland authorities on personal data exchanges. It has invited the banking, credit referencing and healthcare sectors to sign up for a pilot programme that will streamline compliance requirements for data flows between Hong Kong and mainland cities in Guangdong province.
Lastly, the PDPO requires a data user to have a valid reason for transferring personal data overseas and must obtain the voluntary and express consent of the data subject before it can either transfer the personal data to a class of person that was not set out in its PICS or use it for a purpose other than those identified in its PICS. The consent must also be renewed every time that the data user intends to transfer the personal data to a new destination outside the EU.
As the most advanced data centre in the region, Hong Kong is well placed to offer value-added services for the processing of personal data transferred from overseas. These services can include data audit, data harmonisation and standardisation, data encryption, data loss prevention, multi-party processing and compliance support and co-operation.