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Personal data is an irreplaceable asset that must be protected. It should only be collected legally and used responsibly; stored safely; and protected from unintended access, processing, erasure or disclosure. Hong Kong Special Administrative Region regulates personal data protection through the Personal Data Protection Ordinance (PDPO), which sets forth data subjects’ rights as well as data controller obligations via six data protection principles. Originally introduced on 20 December 1996 but revised twice more (2012 and 2021) for improved safeguarding measures.
Under the PDPO, personal data should only be collected lawfully for lawful purposes and in an adequate, relevant, non-excessive and timely fashion in relation to those purposes. Furthermore, data must not be kept for longer than necessary and processed in an open and transparent manner in accordance with six data protection principles.
Individuals can protect their data by registering on the Do Not Call Register administered by the Office of Communications Authority, opting out from marketing lists or sharing them with companies and even filing complaints against any that breach the PDPO.
Under the PDPO, personal data is defined in an expansive manner to include information that can be used to identify an individual. A discussion paper published by the government explored changing this definition closer to that of GDPR; if adopted, this would make more information considered personal data and increase compliance measures among companies using data.
Any data user who shares personal information for direct marketing without receiving consent from the data subject can face fines of up to HK$500,000, while anyone divulging personal data of an individual for doxxing could face up to three years imprisonment and/or an $1 Million fine.