Tech Data Distribution (Hong Kong) Limited (“Tech Data HK”), a TD SYNNEX company, is a global distributor and solutions aggregator for the IT ecosystem. It delivers compelling IT products, services and solutions from 1,500+ best-in-class technology vendors across 100+ countries. Its 23,500 co-workers are dedicated to uniting customers’ IT investments with business outcomes that demonstrate value and unlock growth opportunities.
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The PDPO is a key privacy law in Hong Kong that establishes data subject rights, and specific obligations to data controllers through six data protection principles. The PDPO has been amended several times since it was first enacted in 1996. The 2012 and 2021 amendments were mainly to address regulating direct marketing, and the disclosing personal information without consent or without proper consideration (sometimes referred to as ‘doxxing’).
As it stands, the PDPO applies where a person controls any part of the data cycle (including collection, processing, holding and use) in or from Hong Kong. However, it does not contain any express provisions conferring extra-territorial application.
A significant element of the PDPO is the requirement to inform a data subject of the purposes for which he or she has collected his or her personal data. This is usually done by a privacy statement or personal information collection notice (“PICS”). One of the important issues that arises is the definition of personal data. The PDPO uses the word “personal data” to mean any information that can identify an individual, whether it is directly identifiable or not. This definition is in line with international norms and has been adopted by other legislative regimes such as the Personal Data Protection Act in mainland China and the General Data Protection Regulation in the European Economic Area.
Amongst other things, the PDPO requires a data user to obtain a data subject’s voluntary and express consent before he or she can transfer his or her personal data outside Hong Kong for a purpose other than that originally notified to him or her. It also stipulates that a data user may not disclose a person’s personal data to a third party without his or her express consent, unless certain exemptions apply.
Exceptions to the use limitations and access requirements include: safeguarding the security of Hong Kong, its defence and international relations, crime prevention or detection, assessment or collection of taxes or duties, prevention of unlawful or seriously improper conduct, news activities, legal proceedings and public interest. These are arguably broad exemptions that cover most data use cases and should be sufficient to allow for most data transfers. In addition, the PDPO does not prevent cloud service providers from complying with requests for disclosure of data from law enforcement agencies in accordance with laws and regulations.