What is Data Hk?
Data hk is a portal for aggregating open data from the Hong Kong government, and also provides access to over one million global public datasets. It aims to provide a more user-friendly, intuitive, and comprehensive data platform to promote the use of open data.
Almost all data is created by individuals, businesses or organisations. Data is a critical resource that supports our daily lives, and it is increasingly being used to improve our quality of life. However, it is important to remember that our personal information has a value and should be treated with care. This is why it is so vital to understand how our personal information is being used, and have control over it.
Hong Kong’s Data Protection regime is governed by the Personal Data Protection Ordinance (PDPO), which establishes data subject rights, specific obligations on data users and regulates the collection, holding and processing of personal data through six Data Protection Principles (“DPPs”). In addition to establishing data subject rights and obligations, a core requirement under the PDPO is that data users must not transfer personal data outside of Hong Kong without complying with a series of statutory requirements.
One of those requirements is that a data user must expressly inform a data subject on or before the original collection of his personal data of the purposes for which it will be used and the classes of persons to whom the data may be transferred. This information must be provided in the form of a Personal Information Collection Statement (“PICS”), and the PCPD has made clear that a transfer to a class of person not included in the PICS or for a purpose other than those specified in the PICS would require the voluntary and explicit consent of the data subject.
Furthermore, a data exporter must take steps to identify and adopt any supplementary measures required to bring the level of protection in the foreign jurisdiction up to that which is required under the PDPO. This step is less onerous in Hong Kong than under GDPR, but it does still involve an assessment of the foreign law and practice, as well as a review of the contractual arrangements that will govern the transfer. This can be reflected in a separate PICS, or in contractual provisions within the main commercial agreement with the data importer. It can be difficult to assess the adequacy of such arrangements. In any event, the data exporter should keep proper records of its efforts to fulfil the PDPO’s requirements in respect of cross-border transfers.