A number of data users may not know that their obligations under the PDPO are not limited to only information about Hong Kong residents. In fact, the PDPO has a broad definition of personal data that covers information about any individual whether they are an employee of a data user or not. This is important to consider when deciding on whether the PDPO applies to your business activities in mainland China or elsewhere in the world.
In addition to defining what constitutes personal data, the PDPO also states that the data protection principles (“DPPs”) apply even if a company controls and processes personal data outside of Hong Kong. This is a significant departure from the norm of other jurisdictions which limit extraterritorial application of their laws to the territory where they are enacted.
The definition of personal data in the PDPO has not been updated since its first enactment in 1996, but is still in line with international standards. In this regard, it is a useful point of reference to other legal regimes that include a similar concept of personal data such as the Personal Information Protection Law that applies in mainland China and the General Data Protection Regulation that applies in the European Economic Area.
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