DATA HK – HK’s leading network hub
Whether you need a small point of presence or a multi-megawatt data hall solution, Hong Kong provides the ideal location for your business. As a regional internet exchange, the city’s carrier-dense data centres deliver resiliency and high performance with access to a broad range of networks.
At present, only personal data is protected under the Data Protection Principles (DPP). Article 14 of the Hong Kong Bill of Rights stipulates that “No one shall be subjected to arbitrary interference with his privacy in his family, home and correspondence nor to unlawful attacks on his honour and reputation.” In addition, the DPP contains a wide variety of exemptions, including the use of an individual’s personal information for direct marketing purposes without their consent, which can lead to criminal prosecution.
The DPP defines personal data as information relating directly or indirectly to a living individual from which it is practicable to identify the individual, and includes details such as name, contact number, email address and date of birth. A recent discussion paper from the Hong Kong government explored a potential change to this definition, which would mean that even more types of data could be covered by the DPP. This is likely to impact businesses which collect and process data that can be used to identify an individual. It is also worth noting that the PDPO contains no express provisions conferring extra-territorial application of its provisions. As a result, any person whose data is processed within Hong Kong or who controls the collection, holding or processing of such data is likely to be liable under the PDPO.