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Data Protection Law in Hong Kong

Data Protection Law in Hong Kong

The disclosure of personal data and the use thereof is subject to a set of rules and obligations. The parties that collect, store and use personal data must obtain prior consent and observe the applicable laws. Telecommunication companies and those that are involved in various marketing activities can be subject to the data protection law.

Companies that use and operate with personal data can request legal assistance from a law firm in Hong Kong. An attorney who specializes in data protection matters can help companies understand the principles that apply to personal data protection in the Special Administrative Region.

Data protection legislation in Hong Kong

The most important law on data protection in Hong Kong is the Personal Data (Privacy) Ordinance. This Ordinance regulates the manner in which companies in Hong Kong can collect, use, store and handle personal data. 

The Data Protection Law has the same range of application for all business sectors, however, special guidelines may be provided separately by industry associations.

Data users are all types of companies in Hong Kong, corporations, trusts, partnerships or private/public organizations that engage in activities that imply the collection and processing of personal data, either alone or in common with other legal entities or individuals.

One of our Hong Kong lawyers can give you more information about how the data protection law applies in a specific business field.

Data protection rules in Hong Kong

Companies that collect and store data must pay attention to the manner in which they handle and distribute this information. Several key principles for data protection include:

data collection: the information must be accessed legally and for a direct purpose;

data retention: the information should not be kept or a very long period of time;

data use: the information must be used solely for the purpose for which it is collected;

data security: the information must be kept safe from unauthorized access;

data correction: the individual who consents to provide personal information must be allowed to make any corrections, if necessary.

Failure to comply with the data protection law in Hong Kong is punishable by contravention. Individuals who suffer damages, including non-economic ones, from improper personal data use may ask for compensation from the company that used his or her data.

The experts at our Hong Kong law firm can help you with further information about the Personal Data Ordinance.

You can contact our law firm in Hong Kong for assistance and legal representation when doing business in the city.