A data hk is an aggregation of information that is used to identify an individual or a group of individuals. It includes information such as name, identification number, location data and other factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of a person. It may also include online identifiers such as an internet protocol address or cookie. Personal data is regulated by the Data Protection Ordinance (“DPO”) in Hong Kong and other laws in mainland China and the European Union.
The PDPO defines personal data as “any information that can be used to directly or indirectly identify an individual”. This is a very broad definition and is intended to cover any information that could be used to link one person to another. The PDPO requires that the collection, processing and use of personal data be carried out in accordance with the Data Protection Principles (“DPP”) set out in the law. DPP 1 and DPP 3 require that personal data be collected by lawful means and that it be processed fairly and in a transparent manner.
To comply with the DPO, organizations must have a privacy policy that sets out how personal data will be used. It should be written in plain language and be readily accessible, with clear and understandable explanations of why personal data is required for a particular purpose. The policy should also describe the measures that the organization will take to protect the personal data it collects and process. It should also explain how the data will be stored and how it will be kept secure.
In some instances, the DPO permits organizations to process personal data for other purposes if it is in the public interest or it is necessary for the performance of a legal obligation. However, a data controller must obtain the consent of the individual before using their personal data for any other purpose. If they do not, they could be liable to prosecution under the PDPO.
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