Data Hk – What Is Personal Data Under PDPO?

Data hk is the online repository of Hong Kong’s public data. It aggregates data from various sources, including international, EU, national and regional data portals, enabling researchers to view and download open data. It also provides tools to display data in line graphs, cross sectional plots and on maps.

It is important to understand what constitutes personal data under PDPO, particularly in relation to the processing of data that involves an identifiable individual. A change has been mooted to the definition of personal data in PDPO, which would bring it into line with the wording used in other legislative regimes such as the GDPR, which extends the concept to cover information about a person which can be linked to them – for example, their name; identification number; location data; and factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.

The law also prohibits the use of personal data for direct marketing without the consent of the data subject, unless it is in relation to products or services that are similar to those that were originally the object of the collection of the data. This continues to be one of the main areas for enforcement action by the Privacy Commissioner.

There are additional obligations on data users, even if they are not the controller of the personal data, when it is transferred outside Hong Kong. This is because the PDPO contains an express provision conferring extra-territorial application, imposing on data users obligations to ensure that any personal data they transfer overseas complies with the requirements of the PDPO.

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