The Personal Data Protection Ordinance (PDPO) in Hong Kong

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Hong Kong’s Personal Data Protection Ordinance (PDPO) serves as the central law regulating the collection, processing, holding and use of personal data. This legislation outlines data subject rights as well as specific obligations of data users as well as six data protection principles to guide their handling.

It is an integral and comprehensive piece of legislation, having widespread impacts across all sectors of the economy, particularly financial services. As one of the primary data protection laws in Asia, it establishes rights and duties of both data controllers and subjects, creating significant competitive advantages for companies that adhere to its requirements while creating substantial liability risks for those that do not.

No matter if you are an established data user or starting up a new venture in Hong Kong, understanding the Personal Data Protection Ordinance and its principles is crucial to ensure compliance. If this legislation is new to you, legal advice may be beneficial in ensuring your operations comply.

Data usage: One key principle of the PDPO states that data should only ever be collected with an explicit purpose in mind and used solely for that end use. Depending on its form, this requirement could be fulfilled in various ways – for instance a photo taken at a musical concert may not constitute personal data collection as long as its sole intention is showing a group enjoying itself instead.

If a data user intends to process or transfer personal data outside Hong Kong, the Personal Data Protection Ordinance requires them to inform individuals of whom their personal information will be sent and provide “personal information collection statements” even if their data will likely never identify individuals. Fulfilling these requirements is crucial in maintaining compliance with PDPO; any breaches must be promptly dealt with.

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