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The Octopus data breach case has highlighted a number of dubious practices in relation to personal data in Hong Kong. It also highlights the need for a greater level of compliance with data protection laws in general, especially by businesses that use data for marketing purposes. Currently, personal data is protected by the Personal Data (Privacy) Ordinance (PDPO). This is a statutory law that stipulates that any personal information collected should be collected for a lawful purpose and must not be excessive in relation to that purpose.
In addition, the PDPO stipulates that personal information should not be publicly displayed or made available to anyone other than those who require it for the fulfilment of a legitimate purpose and in accordance with six data protection principles. The PDPO is supervised by the Privacy Commissioner, who is a statutory body that encourages and enforces adherence to personal data privacy.
Moreover, the PDPO specifies that personal data must be processed fairly and transparently. This includes informing individuals about how their data will be used, and obtaining consent from the individual to do so. It also lays down specific obligations on data users, such as ensuring that personal data is accurate and up-to-date. In addition, the PDPO stipulates a range of measures that businesses must take to protect personal data, such as restricting its disclosure to unconnected parties for marketing purposes and ensuring that it is stored securely.
The PDPO defines personal data as any information that relates to an identified or identifiable individual. The definition is relatively broad and could include a wide range of information about a person, including name, email address and mobile phone number. However, the PDPO also contains a non-exhaustive list of exemptions that permit the processing and disclosure of personal data to third parties without consent, for example for security and defence matters, crime prevention, assessment or collection of taxes and duties, legal proceedings, news activities and life-threatening emergency situations.
The PDPO is set to be reviewed, and there is speculation that it may move towards a more stringent definition of personal data similar to that of the EU General Data Protection Regulation (GDPR). This would increase the number of data uses for which consent is required and ensure greater compliance with data protection laws.