Data hk is a practice that involves collecting and analysing information from both primary and secondary sources. This information can be used to make better decisions for businesses or to help formulate policy by government bodies. Data hk is used regularly in many industries including financial services, insurance and marketing. It can provide insights into customer satisfaction or market trends and help identify problem areas. It can also be used to predict future events such as business performance or weather patterns.
There are several issues that companies need to consider when transferring personal data overseas, whether it is from Hong Kong to other locations or into Hong Kong. This article by Tanner De Witt’s Padraig Walsh looks at the key points to consider for these transfers.
First of all, a company must determine whether the PDPO applies to the transfer in question. This is done by determining who controls the collection, holding, processing or use of the data being transferred. If the person controlling that activity does not have any operations in Hong Kong, then the PDPO and its obligations in respect of data transfers do not apply.
Then, a company must ensure that any requirements to notify and obtain consent are fulfilled before the transfer can take place. This includes, among other things, the requirement to explain to a data subject the purpose for which their personal data is being collected and how it will be used (DPP 1) and to inform them of the classes of persons to whom the data may be transferred (DPP 3).
A company must also ensure that any rights and freedoms guaranteed by the PDPO are protected during the transfer. This includes, among other things, the right to object to a transfer and the right to request access to information held by a data user (DPP 6). Finally, a company must ensure that any contractual clauses put in place to protect personal data during a transfer comply with the PDPO and EEA laws.
While it is unlikely that any statutory restrictions on the transfer of personal data from Hong Kong to other locations will be introduced in the near future, the fact remains that there are a number of concerns that must be considered when transferring personal data overseas. These include the protection of personal data, the legal environment of the destination jurisdiction and national security considerations.
A data transfer impact assessment can be a helpful tool in evaluating the risks associated with any given situation. This assessment should take into account the legal environments, laws and practices in both the sending and receiving jurisdictions as well as any national security considerations that might arise. Tanner De Witt’s data privacy team is available to assist with any questions you have regarding the transfer of personal data. Please contact us for more information.