Data hk refers to data related to Hong Kong, a former British colony and current special administrative region of China. It’s commonly used as the abbreviation for this special administrative region and often serves as the term for data produced or related to Hong Kong; additionally it’s the domain reserved by its government but can still be utilized by individuals and businesses alike.
There are various legal regimes governing the use and protection of personal information across various jurisdictions, including Hong Kong. Each has its own set of requirements and nuances that may prove challenging to navigate; one key consideration for businesses should be which jurisdiction offers the highest level of data protection – some jurisdictions impose more stringent privacy regulations which can impact an organisation’s ability to transfer its data overseas.
Hong Kong’s data protection regime is laid out in the Personal Data Protection Ordinance (PDPO). At its inception, this Ordinance included Section 33 which required applicants for consent before moving their personal data abroad; this provision was widely seen as an obstruction to Hong Kong’s economic success but may soon be reversed as mainland China is rapidly adopting one country, two systems principles regarding privacy laws.
Data users have an obligation to inform data subjects prior to collecting their personal information of all classes of persons they will share it with – as data transference constitutes data use under the PDPO and thus needs to be done expressly and with their knowledge.
Under the PDPO, any data user who intends to transfer personal data outside the territory must conduct a Transfer Impact Analysis before doing so. The assessment must include an examination of intended transfer as well as whether such transfers are essential for their intended purposes.
If a data exporter finds the transfer impact assessment to be unfavorable, they must either suspend it or implement appropriate supplementary measures. Furthermore, they must document all results of this assessment including an outline of all efforts taken towards meeting their obligations.
Data transparency is a core principle of the PDPO and should be integrated into any business’s data management practices, regardless of its jurisdiction of transfer. A comprehensive data transparency program can ensure personal information is handled in line with high ethical standards, supporting free flow within Hong Kong’s vibrant economy and helping identify and address potential issues before they arise. A successfully implemented data transparency program will create an environment beneficial to all parties involved – the EDPB’s six step framework provides a great resource for creating one.