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Under the PDPO, data users are accountable for adhering to the principles outlined by legislation when collecting, processing or using personal data outside Hong Kong. A data user could face liability under DPP1 and DPP2 should an employee or contractor breach these provisions of legislation; nonetheless they should take contractual or other steps to safeguard any such personal data stored overseas from unauthorised access, accidental destruction, loss or use, while remaining no longer than necessary for its processing purpose.
Direct marketing practices continue to be investigated and prosecuted by the Privacy Commissioner. Individuals using personal data for direct marketing without prior consent of data subjects could face fines of up to HK$15,000. Individuals can prevent unsolicited telephone calls by registering their number with the Do Not Call Registry.
Review of the PDPO is being considered in order to broaden its definition of personal data, offering greater protection to individuals. A staff card with information such as name, company name, photo and HKID number would constitute personal data that should be protected according to standard measures.
