Data hk is an online database of geospatial data for commercial app development, academic study or personal use. It provides free access to public sector information, including maps and satellite imagery. The database also contains an extensive collection of open data on government policies, services and programs.
Padraig Walsh from Tanner De Witt’s Data Privacy practice group outlines the key points to note regarding personal data transfers under Hong Kong law. This is particularly important for business transactions involving a transfer of personal data from Hong Kong to elsewhere or from other locations into Hong Kong.
A key consideration is that a data user must comply with a range of statutory obligations in respect of any transfer of personal data to a third party, regardless of the location of that third party. This includes obtaining the voluntary and express consent of the data subject on or before the original collection of his personal data, and specifying in the PICS the classes of persons to whom his personal data may be transferred. The data user must also ensure that he has a lawful basis for transferring the personal data and that he will be able to fulfil his contractual obligations in respect of the transfer.
In addition, a data user must assess the level of protection afforded personal data in a foreign jurisdiction before transferring it to that jurisdiction. If the assessment reveals that the foreign laws and practices do not meet Hong Kong standards, then he must identify and adopt supplementary measures to bring the level of protection in the foreign jurisdiction up to those standards. This could include technical measures such as encryption or pseudonymisation and contractual provisions that impose obligations on audit, inspection and reporting, beach notification and compliance support and co-operation.
In addition, a data user cannot provide his personal data to a third party for the purposes of direct marketing without the consent of the data subject. Such activity is a breach of the PDPO and, in particular, DPP2 and DPP4. The PCPD has recently issued two sets of recommended model contractual clauses to cover this issue.