Data hk
The Hong Kong government has identified data centres as a key industry for the economy and has been making efforts to build up an appropriate infrastructure. The city offers many benefits for businesses setting up data centres, including proximity to the Mainland, a highly skilled workforce, a free flow of information and stable business environment. It also has a robust power supply, sound telecommunications infrastructure and low risk of natural disasters.
However, it is not an easy task to set up and operate a data centre in the city. In addition to the high cost of land and electricity, the city has strict regulatory requirements for personal data processing activities. This is especially true for international companies. The PDPO provides for a range of rights and obligations to data subjects, and regulates the collection, processing, holding and use of personal data through six data protection principles.
Personal data is defined in the PDPO as information which identifies an individual or is capable of identifying him. This definition has not changed since the PDPO was first enacted in 1996, and is in line with international norms. However, a number of other data privacy regimes have updated the meaning to include, amongst other things, online identifiers and factors specific to the physical, physiological, genetic, mental, economic or social identity of an individual.
It is important for data users to understand the interpretation of this definition, because it has a significant impact on their duties under the PDPO. For example, the PDPO requires that a data user expressly inform a data subject on or before collecting personal data of the purposes for which it is collected and the classes of persons to whom the personal data may be transferred.