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No matter the laws governing data privacy, businesses often transfer personal data between locations for various reasons – including reducing legal risk and assuring efficient compliance across organisations. Unfortunately, however, it can be challenging to understand how this relates to data privacy law; especially when contracts do not contain clear language.

Hong Kong follows most other data privacy regimes when it comes to defining “data subjects”, with information pertaining to an identified or identifiable natural person that includes their physical, physiological, genetic, mental, economic cultural or social identity being defined as such.

Changing the definition of data subject could affect the scope of PDPO in several ways. For example, if it includes more identifiers than before, data users would have to take steps to ensure any information they process can be easily identified once again by adding or subtracting details like name, ID number, location data or online identifiers as applicable.

The PDPO also requires data users to inform data subjects of any personal data collected and its intended use before using it for direct marketing purposes; failing which it constitutes an offence and may be investigated and prosecuted by the Privacy Commissioner.