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Modernisation of Hong Kong’s data protection laws is mooted but until that happens, businesses should ensure that they comply with the existing framework. One area that has been a focus for enforcement in recent years is the use of personal data for direct marketing. The use of an individual’s name and HKID number for this purpose without their consent is a breach of the Data Protection Principles.

In addition, the PDPO requires that data users take reasonable steps to protect an individual’s personal information from unauthorised or accidental access, processing, erasure, loss or use. This is a common requirement across most jurisdictions. The PDPO also stipulates that a data user is liable for an agent’s or contractor’s breach of the provisions.

The PDPO defines ‘personal data’ as information that relates to an identifiable person. This definition is largely unchanged since the PDPO was first enacted in 1996 and is in line with the meaning of the term in other legislative regimes, such as the Personal Information Protection Law that applies to mainland China and the GDPR that applies to the European Economic Area.

For example, the PDPO specifies that an individual’s name, HKID number, address and telephone or mobile phone number constitute personal data. The PDPO also requires that this data must be collected for a specified purpose and cannot be used for other purposes unless the individual has been provided with specific, informed and clear consent.

If the PDPO were to move towards a definition of personal data more in line with that of the GDPR, it could significantly broaden the scope of businesses’ compliance obligations. A move like this would be of particular interest to businesses that use technology to learn about individuals’ behaviour and that process information that will have an impact on them.