Whether it’s about the latest technology trends or data protection regulations, there’s a lot to keep up with when it comes to the world of digital information. The GDPR (General Data Protection Regulation) has brought with it new rights for individuals and additional obligations for organisations. It has also increased the risk of non-compliance penalties and prosecutions. So how can you make sure that your organisation is compliant? Here are a few pointers to help.
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The PDPO defines personal data as information that relates to a living individual from which it is practicable to identify that individual. It can include a name, address, email address, telephone number or other contact details. It also includes information about legal entities, such as companies and trusts.
This definition is similar to that used by many other jurisdictions. However, the PDPO goes one step further and makes it clear that “use” includes disclosure and transfer of personal data, even if it is not collected in Hong Kong. This clarifies that the territorial scope of the PDPO is wider than some have feared.
For example, a photograph taken at a concert that shows a crowd enjoying an event does not constitute the collection of personal data under Hong Kong law, provided that the photographer is not attempting to identify specific individuals. This is a sensible distinction to make, and it has implications for other activities such as CCTV recordings and logs of persons entering car parks.
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