The Data Hong Kong
The DataHK initiative from Hong Kong government offers residents an easy and free service for opting out of unsolicited phone calls and communications from certain companies. This can be accomplished online using a form submitted directly to Hong Kong Telecoms Authority. Residents can use the website to gain access to information regarding their own personal data and how it is being utilized by various parties. Questions have been raised regarding Hong Kong data hk. One question involves whether the definition of “personal data” will be broadened, similarly to GDPR’s expanded definition, while another considers how extraterritorial application of PDPO will be managed.
Questions surrounding personal data privacy are of utmost significance, since data users’ obligations under the PDPO only become apparent upon collection of such personal data. As Padraig Walsh from our Data Privacy practice recently pointed out in an article, interpretation of key data privacy concepts can differ significantly depending on jurisdictional differences; particularly where laws based on certain first principles appear clear-cut when applied in specific contexts.
Hong Kong’s Personal Data Protection Ordinance (PDPO) defines personal data as any information about an identifiable natural person that can be linked directly or indirectly with their health, political opinions, religious beliefs, sexual life, criminal record or financial status. Unlike some other jurisdictions’ legislations, however, Hong Kong’s does not include express provisions conferring extra-territorial application; rather it requires any data user (as defined under this act) notify subjects within one working day prior to collecting personal data of both its use purpose(s) as well as which classes of persons the data may be transferred.
Under DPP5, any data user who transfers personal data outside Hong Kong for direct marketing without first seeking and receiving consent from its subject can be charged with violating DPP5 and could face fines of up to HK$500,000 and imprisonment of up to three years, as well as being required to ensure its agents or contractors comply with its requirements.
Global Switch’s data centres, located in Hong Kong’s primary business hub, feature top-of-the-line technical solutions designed to meet industry standards of resilience. Backed by our industry-leading service level agreements (SLAs), and 100MVA utility power supply capacity with fully diverse distribution, Global Switch facilities boast 100% uptime with fully diverse power distribution to all technical areas and offers connectivity options from single points of presence up to large multi-megawatt data halls – our experienced team is always on hand to meet the business’ needs of any business!