If you have a passion for data, the world of big data has many opportunities in Hong Kong. Whether you’re looking for a position at one of the many technology companies in HK, or want to start your own business, there are lots of options for you to explore. You’ll find the right fit with a company that matches your skills and interests. If you’re thinking about a career in the field of big data, you should make sure to do your research first. There are a lot of different roles in the industry that can be quite competitive. You’ll need to be able to think outside of the box and have a wide range of skills. It’s also important to be able to communicate with your teammates and clients.
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It is essential for businesses to understand the regulation that governs personal data transfers, as they are common and often require the sharing of personal information between locations. Padraig Walsh, a member of the data privacy team at Tanner De Witt, discusses the key points to note about Hong Kong law in respect of data transfer.
In Hong Kong, the collection, processing and use of personal data are governed by the Personal Data Protection Policy (PDPO), which establishes an individual’s rights, specifies obligations to data users and regulates the handling of personal data through six data protection principles. In addition, the PDPO imposes an obligation upon data users to ensure that their agents and contractors comply with the requirements of the PDPO. This includes, for example, ensuring that personal data is not publicly displayed together and made available to anyone beyond those who need it to carry out activities related to the purpose for which it was collected (DPP2 and DPP4). It also requires that the data user use contractual or other means to prevent personal data transferred to processors, whether inside or outside Hong Kong, from being kept longer than necessary for the purpose of processing the data being transferred for (DPP3 and DPP4).
The PDPO requires that a data user obtain the voluntary and express consent of a data subject on or before collecting his personal data, and inform him of the purposes for which it may be used and the classes of persons to whom it can be transferred. This principle is referred to as the “data subject’s informed consent” requirement. It is a key requirement in the PDPO, and failure to comply can result in substantial fines for data users.
A data importer must also undertake a transfer impact assessment, where the PDPO assesses that a foreign jurisdiction’s laws and practices do not provide adequate levels of protection for personal data. This can include the adoption of technical measures such as encryption, anonymisation or pseudonymisation, and/or contractual provisions covering audit, inspection, reporting, beach notification and compliance support and co-operation. It is becoming increasingly common for a data importer to agree to the PCPD’s recommended model contractual clauses in order to satisfy this obligation.