Personal Data Protection in HK Data Hong Kong

HK data hk is an essential hub for business, networking and IT with one of the highest concentrations of enterprise service providers, network service providers, data center service providers and cloud providers in the world. Equinix Hong Kong data centers serve as leading regional internet exchanges and carrier-dense ecosystems that enable customers to easily connect to cloud providers, enterprise service providers and other business partners via a range of carrier-dense ecosystems that connect customers to one another. With on-demand access to multiple networks and clouds via Equinix Hong Kong data center ecosystems you can build flexible hybrid infrastructures which provide on demand access across networks or clouds located across Hong Kong data center ecosystems – Equinix Hong Kong makes building flexible infrastructures possible!

Key to Hong Kong data privacy laws is defining “personal data.” At present, the Personal Data Protection Ordinance (PDPO) defines personal data as any information which identifies an individual irrespective of any direct relation to their functions and activities; this definition conforms with international norms as well as laws in other jurisdictions that protect personal data; however, the PDPO doesn’t explicitly provide for either the right to be forgotten or require that data is only used for its intended purposes if consent was given by data subjects.

PDPO does not explicitly require data users to inform data subjects of the purposes for which their personal data will be collected or, should its purpose change post collection, of which classes of individuals the information may be disclosed to. By mandating that users notify these details explicitly to data subjects Hong Kong could bring itself closer in line with other data protection regimes like EU’s General Data Protection Regulation (GDPR).

Additionally, the PDPO mandates data users take reasonable steps to ensure any transfer of personal data is only made if the individual has provided voluntary and explicit consent for it (DPP 5). Such consent must cover both original purposes of collection as well as new purposes for which their personal data will be used (see DPP 3 and 4 for details).

Data users face a substantial and onerous obligation under PCPD regulations to comply with personal data transfer contracts, with model clauses recommended as necessary to meet their obligation. They can be written up as separate agreements or part of an ongoing commercial arrangement, the form being irrelevant but substance and content being what counts.

Many other data privacy regimes include some element of extraterritorial application; however, the PDPO does not extend its territorial reach beyond Hong Kong or its control by data users; its only exception being the territory of Mainland China which is treated as a distinct legal jurisdiction under the one country two systems principle. As more cross-border data flows between Hong Kong and mainland China increase in volume, Section 33 will undoubtedly play a critical role in further developing this framework for regulating such transfers under PDPO.