Data hk is the practice of collecting information from primary and secondary sources. This data can be used to analyse patterns, detect trends and make policy decisions by government agencies and companies alike. It is an important tool for businesses to better understand their customers, which ultimately leads to better service and increased profits. It is also a vital part of the world’s economy, with many companies relying on it to manage their daily operations.
A significant portion of Hong Kong’s GDP is generated by the financial services industry. As a result, the city has a large pool of highly skilled workers who can assist with data processing tasks. In addition, Hong Kong has a well-established legal framework for protecting personal data. The Personal Data Protection Policy (“PDPO”), which contains six Data Protection Principles, imposes a wide range of data privacy obligations. This includes a requirement to inform individuals of the purposes for which their personal information is collected as well as how it will be used. This obligation extends to international transfers of personal data, which are considered a “use” under the PDPO.
The PDPO defines personal data as information relating to an identifiable individual. This definition is in line with global norms and has been incorporated into other legislative regimes, such as the Personal Information Protection Law that applies in mainland China (“PIPL”) and the General Data Protection Regulation that applies in the European Economic Area (“GDPR”). It can be difficult to determine whether or not a particular use of personal data is covered by the PDPO if the intention of the person acquiring the data is unclear. For example, if a data transfer is in respect of information which does not identify any specific individual, it may not be subject to the PDPO.
Despite the absence of a statutory restriction on data transfer under the PDPO, there is still a growing number of circumstances where Hong Kong data users will need to conduct a transfer impact assessment in order to comply with the laws of other jurisdictions. In this article, Padraig Walsh from the Data Privacy practice of Tanner De Witt walks us through some of the key points to consider for a transfer impact assessment, including the need to verify the lawful basis for the transfer and the adequacy of the data protection safeguards in the destination jurisdiction.
A transfer impact assessment is a useful tool for data transfer compliance, but it can be difficult to determine whether or not the requirement exists. There are some key points to consider, however, that will help to clarify the nuances of this process. First, it is essential to remember that the PDPO imposes data user obligations on people who control collection, holding, processing or using personal data. This is determined by reference to whether or not the person has any “operations controlling collection, holding, processing or use of personal data in, or from, Hong Kong”. If a person does not have such an operation, then they are not a data user and PDPO obligations in relation to data transfer do not apply.