The HK government aims to foster innovation and boost digital economy by facilitating cross-boundary data flow with the Mainland. To achieve this, a number of policy measures have been implemented including the development of a consolidated database for cross-boundary data and the establishment of a data governance body to oversee data management in Hong Kong. In addition, the ITIB published a “Policy Statement on Facilitating Data Flow and Safeguarding Data Security in Hong Kong” to set out the Government’s management principles and key strategies as well as 18 action items on facilitating data flow and safeguarding data security, which are two important components of data governance.
The current legal definition of personal data under the PDPO is any information relating to a living individual from which it is practicable for the person to be directly or indirectly identified. This includes information pertaining to the sex, race, religion, political opinions or any other sensitive data, as well as data which can identify an organisation and its employees. A proposed change to this definition would make it more difficult for businesses who use data-related technologies to avoid the need to comply with the PDPO and other privacy laws.
PDPO requires that any collection, holding or processing of personal data be justified by a lawful purpose and be proportionate to that purpose. A data user must also ensure that any personal data it processes is accurate and up-to-date and that it is not retained for longer than is necessary for the purposes for which it is processed.
It is also a requirement that any personal data used for direct marketing must be kept in line with a person’s reasonable expectations of privacy and must only be collected with their consent or when it is lawful for the data user to do so. Failure to do so can result in a fine under the PDPO.
Hong Kong is uniquely positioned as a gateway to the markets of China, Southeast Asia and beyond. Equinix’s IBX data centers in Hong Kong form a connected campus that gives global cloud and SaaS providers access to Asian markets while providing a platform for their growth into the rest of the world.
