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Although the current PDPO may not require as stringent an approach in terms of seeking consent for data usage and sharing, it does lay out several requirements regarding how it must be utilized and with whom. Understanding these provisions in order to comply is vitally important in order to stay compliant.

Recent years have seen enforcement activities center around direct marketing practices. This trend stems largely from data users failing to comply with requirements to obtain consent before using individuals’ personal information for such purposes, contrary to what HKPDPO prohibits.

Data users must ensure their agents and contractors comply with the PDPO. This is particularly pertinent in cases involving data transfers between business units within an organisation or with third-parties; an understanding of this piece of legislation and how its interpretation impacts transfers can help minimise risks while increasing efficiency across an organisation.

Future revisions to the Hong Kong Personal Data Protection Ordinance may expand its definition of personal data to match international norms, meaning more types of information would fall under its jurisdiction – potentially having an immediate and significant effect on businesses that rely heavily on data analytics, or processing information that has an effectful or consequential nature such as those who employ predictive models.