Day: October 31, 2023

The New Data Protection Law in Hong Kong

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In his remarks commemorating its launch, Data Protection Commissioner (DPC) highlighted the significance of the new law for individuals’ personal information protection and trust in data use. Furthermore, DPC noted how this new legislation allows him to monitor compliance with it and take necessary enforcement actions; DPC encouraged all parties to work collaboratively towards its full implementation.

Legal requirements obligate organisations to maintain records of all personal data used for business operations and make such records available upon request for any individual who wants to exercise their rights under the new law. Additionally, organizations are obliged to notify individuals about any purpose for which their data may be processed before offering them the option not to allow their data be used for this purpose.

Personal data, or information that can identify an individual, has been defined under the PDPO since it first went into effect in 1996 and aligns with international norms on what constitutes personal data. However, it must be remembered that its definition does not cover an individual’s right to have his or her data transferred or used for purposes other than those originally collected for.

Law provides that an individual shall not be subject to any arbitrary interference with his/her privacy, family life, home life or correspondence; nor attacks on their honour and reputation unlawfully committed against them. This goes in addition to Article 14 of the Hong Kong Bill of Rights.

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