Data hk is a collection of information that includes personal information about an individual. It may also include a person’s opinions and preferences about certain products or services. Data hk is generally collected to identify individuals or to evaluate the performance of organisations. However, it may also be used for other purposes such as market research.
The Hong Kong Privacy Commissioner is considering a move to introduce more strict definitions of personal data. This could lead to additional obligations for businesses that use personal data, especially those who transfer data out of Hong Kong. The proposed new definitions are intended to strengthen the protection of personal information and increase compliance measures.
If a person is considered a data user, this triggers a range of statutory obligations, including compliance with the six DPPs that are core data obligations under privacy law in Hong Kong. In particular, the DPPs relate to the purpose and collection of personal data, and to the use of personal data. In order to comply with these DPPs, the data user must fulfil a series of obligations when collecting and using personal data.
When it comes to the purpose and collection of personal data, the data user must clearly state the reasons for collecting the data. This must be in a way that is understandable to the data subject, and must not be misleading or excessive in relation to that purpose. The DPPs also require the data user to obtain the voluntary and express consent of the data subject before he can use personal data for a purpose not set out in the PICS or disclose it to a class of persons that is different from that set out in the PICS.
A further principle is that personal data must be collected for a lawful purpose and not be obtained by unauthorised means. For example, a photograph of a crowd at a concert does not amount to the collection of personal data under Hong Kong law, provided that the photograph is not taken in such a way as to identify specific individuals (e.g. by taking a picture that shows the crowd in full costume). This principle can be applied to CCTV recordings, logs of persons entering car parks and records of meetings that do not specifically identify participants.
Finally, the data user must ensure that the personal data he collects is accurate and up-to-date. This is an important requirement in order to ensure that data processing is fair and transparent. If inaccurate or out-of-date personal data is being processed, it can have significant adverse consequences for individuals, particularly in terms of their reputation and financial well-being. The data user must also take appropriate steps to rectify inaccurate personal data as soon as it becomes aware of it. In addition, the data user must delete personal data as soon as it is no longer required for the purposes for which it was collected.
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