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At the heart of any successful data governance program lies its vision and business case. A vision sets out your broad strategic objectives and approach while the business case details who needs to implement specific roles, technologies and processes in order to bring value.
Under the Personal Data Protection Ordinance (“PDPO”), an entity must control the collection, holding, processing or use of personal information within Hong Kong; or have control of its transfer into or out of Hong Kong. Under PDPO definition of use: disclosure, transmission or other communication even if this data does not remain within Hong Kong – for example sharing personal information within an organisation between departments.
One key issue surrounding data transfers is that the PDPO does not expressly confer extraterritorial application, so any foreign law which applies to personal data could govern their transfer. Therefore, it is imperative to fully understand any jurisdiction into which your transfer takes place before proceeding with it.
Considerations should also be given to how data will be defined under foreign jurisdiction’s laws when making this decision. The Personal Data Protection Ordinance defines personal data as any information about an identifiable or identifiable individual, which generally conforms with other legal regimes such as China’s Personal Information Protection Act or Europe’s General Data Protection Regulation.
Once collected, personal data cannot be used for any other purpose without first receiving approval from its subject – even if that new purpose relates directly to why the initial personal data collection took place.
Therefore, any new use of personal data that is authorized under the PDPO or another law must be clearly detailed in a Privacy Impact Compliance Statement (PICS), with free and informed consent given freely from individuals. Failing to meet these requirements could result in severe fines as well as legal action from regulators or individuals affected.
