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Under current statutory and common law in Hong Kong’s Special Administrative Region, only personal data is protected. Article 14 of the Hong Kong Bill of Rights provides that “no individual shall be subjected to arbitrary interference with his privacy, family life, home or correspondence or to unlawful attacks on their honour and reputation”.
Hong Kong’s data protection regime is established by the Personal Data Protection Policy (PDPO), introduced on 20 December 1996 and significantly amended in 2012 and 2021. This law establishes data subjects’ rights, data controllers’ responsibilities and regulates collection, processing, holding and use of personal data with six data protection principles.
Furthermore, the PDPO requires data to be collected with specific functions or activities of data users in mind and collected data must be sufficient but not excessive for its purpose. Enforcement of this provision lies with the Data Protection Commission.
In addition, the PDPO imposes strict rules regarding how information can be shared within an organisation. Organizations may only transfer personal data with consent from an individual in question and approval from the Hong Kong Data Protection Commissioner before sending to another company for processing. Furthermore, organizations who breach regulations are subject to fines under this act.
The Personal Data Protection Ordinance has been an instrumental force in shaping Hong Kong’s digital economy, and demonstrates its dedication to data sovereignty. Over time, its implementation will create jobs and boost economic growth by encouraging businesses to create and operate innovative services leveraging data.
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Hong Kong colocation facilities are situated at a business hub that connects customers to an abundance of enterprises, networks and IT service providers. We offer secure interconnection, managed services and access to a range of network service providers – for more information please visit our website or reach out directly at any time for help with establishing data centres here in Hong Kong – contact our Data Centre Facilitation Unit any time for support!