How to Protect Your Personal Data in Hong Kong
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The Personal Data Protection Ordinance (“PDPO”) contains a number of provisions relating to the transfer of personal data outside Hong Kong. The PDPO defines personal data as any information which relates to an identifiable living individual, including information that can be used to identify such individuals and which is held or processed by a person, whether in the form of records or otherwise. This definition of personal data includes information about legal entities such as companies and trusts.
Section 33 of the PDPO provides that a data user may only transfer personal data abroad in respect of a purpose for which consent has been given by the data subject or to a class of persons for which he has notified the data subject on or before the original collection of his personal data, and he must obtain the voluntary and express consent of the data subject to that effect before transferring his personal data abroad. This provision is one of the core data obligations that the PDPO sets out and it is important for any person who wishes to transfer his personal data abroad to comply with it.
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