How to Transfer Personal Data to and From Hong Kong
Data hk is an engineered platform to collect, process and display public data. Its aim is to promote the use of open government data and information for policy formulation, needs assessment and monitoring and evaluation of public services. It has been designed to integrate data from various databases of the Department of Health and other public agencies. The data can be accessed through the internet and retrieved in formats that are compatible with spreadsheets, maps, charts etc. This enables researchers to conduct more sophisticated analyses and generate more in-depth reports on issues and trends related to the health of Hong Kong residents.
Whether your company is transferring data out of Hong Kong or into it, it’s important to understand the rules governing these transfers. Padraig Walsh from the Tanner De Witt Data Privacy practice group walks us through some of the key points to note.
The first thing to consider is the definition of “personal data.” For example, in Hong Kong’s Personal Data Protection Act (“PDPA”), the term ‘personal data’ includes data relating to an identifiable natural person (that is, one who can be identified from the data or from other information): “…information about the physical, physiological, genetic, mental, economic, cultural or social identity of an individual” [emphasis added].
If the data does not meet this definition, it will likely not be subject to the PDPA’s transfer provisions. In addition, the PDPA provides that the data user must not permit any third party to use or hold the personal data transferred outside of Hong Kong for purposes other than those expressly contemplated by the transferring data user. The importing data user must also agree to model contractual clauses that will comply with the PDPA’s transfer provisions.
Finally, the importing data user must verify that it has lawful grounds to receive the personal data. This step is a bit less onerous in Hong Kong than under GDPR, where the data user must review its PICS to ensure that it has the voluntary and express consent of the data subject to use their personal data for the new purpose and to transfer it to another country.
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