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Hong Kong is an important international hub with a thriving IT infrastructure and dense carrier-dense network, boasting data centers home to an ecosystem of networks, IT service providers and enterprises that use them to connect with their customers, vendors and partners.

Hong Kong government officials have proposed an interpretation of personal data similar to GDPR that would strengthen compliance measures for companies using personal information about individuals. This measure is especially relevant for firms collecting and processing behavioral data about an individual that could have negative repercussions for their privacy.

If the Hong Kong government decides to implement such a definition, it could significantly transform how data is utilized within Hong Kong. But in order for such changes to take effect effectively, its interpretation must adhere to principles established by PDPO.

The Personal Data and Protection Order (PDPO) defines data as any information pertaining to an identifiable living person and requires its collection fairly, lawfully and with consent or as required by law. Furthermore, this legislation details individuals’ rights and how they can exercise them.

Companies need clear policies regarding how data is collected and processed. Furthermore, training programs should be put in place so their employees understand how the PDPO applies to them in their roles and that companies be ready to promptly respond to any requests for personal information that come their way.

At its infancy, many questions remain about the practical application of the Personal Data Protection Ordinance. There is general agreement that its effects will have an enormously significant effect on business conduct in Hong Kong; consequently, businesses may need to review and alter their processes accordingly.

Modernisation of Hong Kong’s data protection laws is currently on the agenda; until that occurs, however, companies must be mindful of their PDPO obligations to ensure compliance and avoid infringing upon anyone’s privacy.

The new law, expected to take effect in 2022, will apply to organizations collecting, storing or using personal data in or from Hong Kong – including public and private entities such as government departments, universities, hospitals, banks and online platforms providing services to residents such as e-commerce websites and social media apps. Furthermore, facial recognition technology and automated decision-making will be covered under this legislation; businesses that utilize such methods for monitoring customer activities will likely fall under its purview.

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