Personal Data Protection in Hong Kong
The Government is committed to ensuring that personal data submitted through GovHK are handled in strict adherence to the relevant provisions of the Personal Data (Privacy) Ordinance. This includes but is not limited to a) identifying the purposes for which information is collected, b) safeguarding the collection and processing of personal data by contractors and other third parties, and c) preventing unauthorised access to, or disclosure, loss or damage of, personal data by any person.
The PDPO defines personal data as any information that relates to an identified or identifiable individual, whether the information is about that individual alone or in combination with other available information. Its purpose of collection must be directly related to a function or activity of the data user, and the data collected should be adequate but not excessive in relation to that purpose. The PDPO also stipulates that personal data may not be disclosed to anyone outside of the organisation without the consent of the individual, unless permitted by law.
A discussion paper published by the Hong Kong Government earlier this year explored potential changes to the PDPO, including a possible revision to the definition of personal data. This change, if it were to be made, would mean additional protection for individuals and increased compliance measures for businesses who use data-related technologies that learn about individuals’ behaviours or process information that will affect an individual.
Some personal data, such as an individual’s name and HKID number, are regarded as sensitive by the PDPO, and it is against the PDPO for such information to be publicly displayed together or disclosed to anyone who does not need it for any work-related reason. In addition, the PDPO requires that such personal data should only be kept for as long as necessary to fulfil the purpose for which it is collected.
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