Data hk is an initiative promoting open data and international best practices within Hong Kong. A joint collaboration between the Office of the Privacy Commissioner for Personal Data and Technology Infrastructure Branch of the Government.
This initiative seeks to raise awareness among businesses and citizens about the advantages of opening up personal data for wider use, the possible cross-border transfer effects and the importance of having an adequate data protection regime that ensures openness is balanced against individual privacy protection.
An important component of this is the requirement that data users (whether located in Hong Kong or not) notify data subjects of their purposes for collecting their personal information and obtain their voluntary and express consent to use such data for any other purpose. Data users must also specify in their Personal Information Collection Statement (“PICS”) who is receiving personal data transfers as well as reasons behind them.
Information must be provided prior to data collection in an easily understood language and be included within a PICS. Furthermore, data users are responsible and liable for agents (both inside and outside Hong Kong) processing their personal information on their behalf; and must include a link to the website of PDPO for their convenience.
These obligations can often be met via contracts that regulate how personal data is transferred between countries. The PDPO offers several suggested model contractual clauses which can be found on HKPCD’s website and used either alone or as contractual provisions within commercial agreements – it doesn’t matter much which form it takes – the content matters!
There is no specific restriction in the PDPO on the international transfer of personal data and, given China’s rapidly evolving data privacy laws and practices, it is difficult to see how Section 33 could ever become effective here in Hong Kong. Yet increased cross-border data flow will likely continue driving changes as will need for legal bases for such transfers increase.
Tech Data Distribution (Hong Kong) Limited (“TD SYNNEX”) is an international IT distribution and solutions aggregator with 23500 co-workers worldwide who bring compelling IT products, services, solutions from over 1,500 leading technology vendors – helping customers maximize their IT investments and demonstrate business value.
For more information about our products and services, visit tdsynnex.com/hk. TD SYNNEX is trusted partner to thousands of customers around the world, providing technology solutions that help transform their businesses and meet growth ambitions. Data hk is made possible thanks to our global network of technology partners as well as our dedication to innovation and service excellence; together we work to ensure an outstanding experience for our customers, employees, suppliers, partners and colleagues.