Data hk is a collection of information about people or things. It is used for research or to improve services. It can also be used to understand trends and patterns in the past or present. It can be found in many forms, from the simplest to the most complex. It is important to make sure that the information is accurate and secure. This helps to prevent fraud and other problems. Data hk can be stored in a variety of ways, including online, on paper, or in files. It can also be transferred from one location to another. This information is important for a variety of reasons, from health care to business.

While the future of data privacy in Hong Kong is being debated, businesses should be aware of how existing laws affect cross-border data transfers. Padraig Walsh of the Data Privacy practice group at Tanner De Witt provides an overview of the key points to consider.

First, determine whether the data transfer is subject to the jurisdiction of PDPO. In order for the PDPO to apply, the person must have operations controlling collection, holding, processing or use of personal data in Hong Kong. This requirement is narrower than that of several other jurisdictions, which require a direct control over the data processing cycle.

Once it is determined that the PDPO applies, assess whether the proposed personal data transfer would constitute new use for which the express consent of the data subject is required. Typically, this will involve a review of the PICS to ensure that it discloses that personal data may be transferred as specifically contemplated. The requirement for express consent is also less onerous than in the European Union (EU).

If it is determined that the PDPO does not apply, consider whether the data transfer is covered by other laws of the territory. For example, CCTV recordings and logs of persons entering car parks are likely to fall within the scope of the HK Anti-Social Calling Regulation and the Anti-Do Not Call Register.

Finally, consider the nature of the personal data involved. Unlike many other jurisdictions, the PDPO defines personal data to include data that can identify an individual, rather than merely a list of identifiable individuals. This restriction narrows the pool of data that may be considered personal data, and could significantly reduce compliance burdens in this respect.

If it is determined that the PDPO applies, then evaluate whether the proposed personal data transfer is necessary for the purposes of the original purpose for which the data was collected. In particular, consider the extent to which the processing of personal data is likely to contribute to a significant risk of serious harm or substantial damage.