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It is important to remember that if an organisation is considered to be a data user, then it must fulfil a number of obligations under the PDPO. These include DPP1 (Purpose and collection of personal data) and DPP3 (Use of personal data). This is why it is so important to review the scope of your activities to ensure that you are complying with these statutory obligations.
DPP1 stipulates that data users should make clear the purpose for which they are collecting personal data and obtain consent before doing so. This should be done in a manner which is easily understood and will not mislead individuals. The way in which this obligation is fulfilled varies depending on the type of data being collected and how it will be used. It is also important to consider whether the data collected is sensitive and could be likely to cause distress or upset if released publicly.
Another aspect of DPP1 is the need to inform data subjects of the purpose for which their personal information will be used, and of any third party to whom it will be transferred. This is often fulfilled by providing a PICS to data subjects prior to collection. However, it is important to note that a PICS is only required when a data user has an obligation to do so. It is not required when the personal data will be used for research purposes or as part of a statistical survey.
As a result of this, some organisations may be unable to identify themselves as data users and therefore do not need to provide a PICS. This is a risk that should be avoided where possible, as the consequences of failing to meet your PDPO obligations can be very severe.
A new infrastructure is being built called the HKMA Common Data Infrastructure (CDI), which will bring together different banks and sources of commercial data to allow for more efficient financial intermediation. This will improve the quality of data available to banks, encourage innovation in financial products and services and help boost financial inclusion in Hong Kong. It will also facilitate the development of fintech solutions for Hong Kong and create new opportunities for businesses. This is a key component of the HKMA’s Fintech 2025 strategy. It will also improve the transparency and efficiency of the banking system by enabling one-to-one connections between banks and data providers instead of multiple one-to-one connections. This will also be more secure, efficient and scalable. The CDI is scheduled to be rolled out in 2019. This will have major implications for the banking sector, as well as consumers and businesses. As a result, it is essential that you fully understand the impact of this project on your business.
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