Hong Kong Personal Data Protection Law

In a society where personal data is increasingly important, it is necessary to understand the legal basis for collecting and using it. The law in Hong Kong defines personal data as information relating to an individual that is capable of being identified, directly or indirectly. It also requires that the collection of personal data be justified by a specific purpose. Generally, the purpose of collecting personal data is to provide services or to meet legitimate business needs. However, there are certain situations in which the law allows personal data to be collected without consent. This includes obtaining the necessary information for an investigation or prosecution, providing it to a public authority, or when it is needed in the course of a court action.

The law in Hong Kong protects the right to privacy by prohibiting unauthorized interference with an individual’s personal life or work, including his/her family, home and correspondence, and the unlawful attacks on his/her honour and reputation. It also ensures that the individual is not subjected to any form of exploitation or discrimination. Article 14 of the Hong Kong Bill of Rights stipulates that “no person shall be subjected to arbitrary interference with his or her privacy, family, home or correspondence nor to any unlawful attacks on his or her honour and reputation.”

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When the tabel data is provided by a third party, the data user must use contractual or other means to ensure that the data is protected from unauthorised access, processing, erasure or loss, and is not retained for longer than necessary for the purpose of the collection. This is to ensure that the data user does not breach the provisions of the PDPO.

If the third party is not a data user, the data user must notify the relevant individual of the processing of their personal data. This notification must include the purpose of the collection, the third parties to whom the data will be disclosed and their contact details.

In addition, a data user must inform the individual of their right to object to the use or disclosure of their personal data at any time. If the objection is valid, the data user must stop using or disclosing the individual’s personal data unless the purpose for which it was collected is still necessary. The individual must also have the right to request a correction or deletion of their personal data. In such cases, the data user must respond within 30 days of the individual’s request. If the data user does not do so, the individual has the right to file a complaint with the PDPO. Alternatively, the individual can take the matter up with the Data Protection Commission.