Data hk is the practice of collecting and analysing information, both primary and secondary. The resulting reports or statistics can help businesses make more informed decisions and support policy formation by government agencies. Examples of data hk include customer satisfaction surveys, market analysis and trend forecasting. Data hk can also be used to monitor and protect personal data. This is particularly important when data hk is transferred between jurisdictions. This process requires a thorough impact assessment, which should cover both the potential benefits and risks of the transfer. The impact assessment should also consider the foreign jurisdiction’s laws and practices in respect of personal data protection, national security and any other issues which might arise during the transfer.

When assessing the potential impact of a data transfer, the first step is to determine whether the information qualifies as personal data under Hong Kong law. This involves identifying the categories of personal data that are collected by the business, and determining whether each falls within one of the six data protection principles (“DPPs”) in the Hong Kong Personal Data Protection Ordinance (PDPO).

The definition of “personal data” in the PDPO has not been updated since its enactment in 1996, and is therefore not as broad as the definition in other jurisdictions. Nevertheless, personal data is still any information that can be linked back to an identifiable person. This includes name, identification number, location data, online identifiers and factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of an individual.

If the data in question meets the definition of personal data, the next step is to identify and adopt supplementary measures to bring it up to the standard required by the PDPO. This could involve technical measures such as encryption, anonymisation or pseudonymisation, or contractual arrangements that impose obligations on audit, inspection and reporting, beach notification, and compliance support and co-operation.

Lastly, the data exporter should prepare and sign the relevant data transfer agreement. This should impose appropriate safeguards on the data being transferred, and incorporate clauses that comply with the six DPPs. The data exporter should also notify the data subject that his or her personal data may be transferred to the overseas entity, and of the purposes for which the data will be used.

The PCPD has also published two sets of model contractual clauses that aim to aid the processing of personal data in cross-border data transfers from Hong Kong. Both sets contain a set of clauses aimed at addressing transfers between local data users, and another that addresses transfers between Hong Kong-based data users and those operating abroad.