Padraig Walsh, a data privacy partner at Tanner De Witt, discusses the issues in relation to cross-border data transfers from Hong Kong. The legal basis for the transfer of personal data from Hong Kong is the Personal Data Protection Ordinance (“PDPO”). The PDPO establishes the rights of data subjects and their specific obligations to data controllers through six data protection principles. It was enacted in 1996 and significantly amended in 2012 and 2021. It is important to determine whether the PDPO applies to a particular transaction. This will require a thorough assessment of the facts and circumstances surrounding the data transfer and the nature of the personal data involved. This includes a consideration of the purpose for which the personal data is collected, the purposes for which it may be used and the classes of persons to whom it will be transferred. If the PDPO does apply, then it will be necessary to inform the data subject that the personal data in question will be transferred outside of Hong Kong. It will also be essential to identify any supplementary measures that will bring the level of protection in the foreign jurisdiction up to that in Hong Kong. This may include technical measures, such as encryption, anonymisation or pseudonymisation, and/or contractual measures, such as additional contractual terms and binding codes of practice. Another consideration when assessing the PDPO is the intention of the person transferring the data. If the intent is simply to obtain the personal data for marketing purposes, then the PICS obligation will not arise and issues relating to the transfer of the data will not be relevant. However, if the intent is to use the personal data for another purpose, then the PCPD will require that the consent of the data subject be expressly given. It is important to note that once a person has agreed to the transfer of their personal data, they cannot withdraw their consent. This is true even if the original data user later decides that it is no longer appropriate to fulfil the purposes for which the personal data was originally collected or for any other reasons. This is a fundamental principle of data privacy and should be adhered to by all parties in any data transfer. This is especially the case where the data is to be transferred to a different entity. It is therefore vital that all relevant stakeholders are aware of this issue and take steps to ensure that their contractual arrangements comply with the PDPO. This will help to reduce data transfer risks and ensure that businesses are able to operate effectively across borders.
Day: August 28, 2024
What is the Hongkong Prize?
The hongkong prize is one of the world’s top writing contests, and winners receive monetary prizes and a chance to present their work at an awards ceremony. The contest is open to anyone who writes about Asian culture and history, but before submitting an entry it is important to read the rules and regulations carefully. This will ensure that your submission is deemed fair and does not violate any guidelines. The theme for the 2022 Hong Kong Prize is Our Changing World, encouraging artists to reflect on the global evolution socially, culturally and economically through their works. This year, senior reporter Xi Tianqi won the first runner-up prize in the Best News Writing (English) category for her in-depth articles titled Securing a New Lease of Life and Life at a Crossroads, while copy editor James Cook claimed second runner-up for his innovative story In the Green Fast Lane, which highlighted Hong Kong’s efforts to speed up adoption of public and private electric vehicles. Winners of the hongkong prize will receive a cash prize and a trophy. They will also have the opportunity to travel to Hong Kong and participate in an awards ceremony. However, it is important to note that winning the prize does not guarantee a successful gambling career. It is important to play at a reputable online casino like hkpools and follow all of the rules and regulations. In addition to recognizing individuals and organisations for their contributions, the prize also promotes Hong Kong as a hub for science and technology research and innovation. The prize’s logo, which features a pearl and pierced jade amulet, symbolises the power of the human spirit to overcome difficult circumstances. Previous winners have included social justice activists fighting for democracy in their countries and founders of non-profit organisations helping the homeless. The HK prize was established in 1996 through a donation from Wang Gungwu, who championed education and collected historical documents. The prize provides recognition and encouragement for students to develop a passion for studying Hong Kong’s history, while aiming for academic excellence. The prize’s unique judging criteria includes the consideration of the impact and significance of the research, the ability to transform scientific research results into practical benefits for society, and the innovation spirit of Hong Kong. Winners will be awarded an engraved gold medal and a prize of HK$25,000. Interested candidates can apply for the award by sending a completed application form and a copy of their published full article to the Academy before 31 August 2024. The applications will be shortlisted by a panel of judges for further evaluation.