Data hk is the process of gathering and analysing information using primary and secondary sources, and can be combined into reports or statistics for business use or policy formation by government agencies. Data hk can help businesses make more informed decisions by identifying areas for improvement or pinpoint problem spots. Businesses from a variety of sectors such as financial services, insurance and marketing rely on this practice regularly.
While the benefits of data hk are obvious, there are several considerations when deciding whether to transfer personal data from Hong Kong to another jurisdiction. First and foremost, it is important to determine whether the personal data is even subject to the Hong Kong Personal Data Protection Policy (“PDPO”). Personal data in this context refers to any information relating to an identified or identifiable individual. If the data does not fall within this definition, then it is not a subject of the PDPO and obligations in respect of such transfer are not triggered.
If it is, then it is crucial to consider the purpose of such transfer and the classes of persons to whom it may be transferred. The PDPO requires that data users expressly inform data subjects on or before collecting their personal data of the purposes for which it is collected, and of the classes of transferees to whom such personal data may be transferred. This is in line with international norms – in the case of the GDPR, for example, this step is even more stringent than that required under the PDPO.
Before a decision is made to transfer data, it is also prudent to conduct a transfer impact assessment. This should be conducted by either an independent party or by the data exporter itself and should cover both potential benefits and risks arising from the proposed transfer, including those in relation to national security and personal data protection. The assessment should also include a detailed comparison between the laws and practices of both the destination jurisdiction and Hong Kong, as well as any other considerations which might influence the decision to transfer data.
The PCPD has a number of model contractual clauses which are designed to aid the transfer of personal data between Hong Kong-based data users and those operating overseas, and these should be reviewed as part of any process of determining whether to transfer data. However, it is also crucial to remember that the definition of personal data in the PDPO has not been updated since its introduction and does not reflect the meaning used in other legislative regimes such as those in China and the European Union. This could lead to a lower pool of eligible personal data for such transfers than might otherwise be the case. For this reason, we would strongly encourage the Hong Kong government to take a closer look at the definition of personal data and update it in line with international norms.
