Data hk refers to personal data used in Hong Kong Special Administrative Region. Personal data refers to any information that identifies or can be linked back to an identifiable individual, including their name, address, telephone number or email address. The Hong Kong PersonalDataProtectionPolicy (“PDPO”) contains six Data Protection Principles (DPPs), which address issues surrounding collection, holding, processing or use of personal data in Hong Kong – this also covers transfers outside its territory.
Hong Kong requires data users to inform data subjects prior to collecting their personal data of its purposes and the categories of recipients that their information may be transferred to; transfer is considered use under this Act; thus data users cannot simply transfer personal information without complying with PDPO.
However, the PDPO allows for transfers of personal data to third parties where this is necessary for fulfilling an agreed purpose of transfer. When doing so, however, transferring parties must take extra care to ensure that data they transfer does not violate their stated purpose and that its collection was adequate yet not excessive for that goal.
Outside of these considerations, data transfers to third parties located outside the European Economic Area or Switzerland must abide by the requirements of the PDPO. A third-party from a country without comparable legislation to the PDPO may still be considered “controller” according to its terms if their activities are managed by someone located in either of these two regions.
The PCPD has issued two sets of model contractual clauses designed to aid data transfers among data users. One set addresses transfers between Hong Kong-based data users and overseas-based operators while the second one addresses transfers between local users and those operating abroad.
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