Data Hk and the PDPO

data hk

Data hk is a website that displays open data from Hong Kong. It also provides links to other national, regional and international data portals. Its aim is to increase public awareness of the availability of public data and encourage the use of data for research, innovation, policymaking and citizen services.

The PDPO requires a data user to ensure that personal data collected from an individual is only used for purposes for which it was collected and that it is not disclosed to any person except those who require the information for that purpose. The PDPO further requires a data user to use security measures to protect personal data from unauthorised or accidental access, processing, erasure or loss.

A number of investigations and prosecutions under the PDPO involve direct marketing practices. In particular, if a data user discloses a personal telephone number to another party for the purpose of direct marketing without the data subject’s consent, it is a criminal offence punishable by a fine of up to HK$500,000.

The mooted change to the definition of personal data would widen the scope of a business’s obligations under the PDPO. This is likely to have a significant impact on businesses that engage in direct marketing activities and should be considered carefully.