Currently, under Hong Kong law only personal data is protected. However, a mooted change to the definition of ‘personal data’ would extend protection to cover information that could be used to identify an individual (as opposed to just information that directly identifies them). If this happens, businesses will need to consider whether they have existing data-related processes that need updating and ensure their activities comply with the PDPO.
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The PDPO states that the purpose for which personal data is collected should be directly related to a function or activity of a data user. This is an important principle because it means that data should not be collected in excess of what is needed for the purposes for which it will be used. It also requires that any use of data is notified to the data subject prior to its collection. This is another important principle, as it provides the opportunity for a data subject to consent before his or her personal data is used for any new purpose.
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