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Hong Kong PDPO

Know your Privacy Rights with the Hong Kong’s PDPO

Last Updated on December 5, 2023

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The Personal Data (Privacy) Ordinance (Cap. 486), as amended in 2012 and 2021 (the “PDPO”), is the primary legislation in Hong Kong which was enacted to protect the privacy of individuals’ personal data and regulate the collection, holding, processing, disclosure, or use of personal data by the organizations.

In 2012, the PDPO underwent amendments, including enacting provisions to govern direct marketing and additional protections to address new privacy challenges and public concerns. The 2021 amendments were aimed at addressing the acts of disclosing personal data without the consent of the data subjects (doxing). The Data Protection Principles (“DPPs”) in Schedule 1 to the PDPO outline how entities should collect, handle, disclose, and use personal data.

The solution

Securiti enables organizations to comply with Hong Kong’s PDPO through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.

Hong kong pdpo Compliance Solution

Securiti supports enterprises in their journey toward compliance with Hong Kong’s PDPO through automation, enhanced data visibility, and identity linking.

See how Securiti helps you comply with various sections of Hong Kong’s PDPO.

Automate Data Subject Access Request Handling

PDPO Sections: 18-21, 28(1); DPP 6

The automation of the processing and handling of secure data access requests will greatly reduce the risk of compliance violations and reduce the workforce required to comply with all the data access requests.

PDPO dsr handling
PDPO data access request

Secure Fulfillment of Data Access Requests

PDPO Sections: 18-21, 28(1); DPP 6

The information is disclosed through a secured and centralized point to data subjects within a limited time frame. It allows organizations to timely respond to data access requests and provide information in a manner that is readily retrieved.

Automate the Processing of Data Rectification Requests

PDPO Sections: 22-25; DPPs: 2(1)(b), DPP 6(e)

Fulfill data rectification requests seamlessly using automated data subject verification workflows across all appearances of a data subject’s personal data.

PDPO data rectify request
PDPO data erasure request

Automate Erasure Requests

PDPO Section: 26; DPP 2(2)

Fulfill data subjects’ personal data erasure requests swiftly through automated and flexible workflows.

Automate Object and Restriction of Processing Requests

PDPO Sections: 35(F), 35(G), 35(L); DPP 6

With the help of collaborative workflows, build a framework for objection and restriction of processing based on business requirements.

PDPO Personal Data Explorer
PDPO personal data monitoring tracking

Continuous Monitoring and Tracking

PDPO Section: 27; DPPs: 1,2,3,5,6

Keep track of risks against non-compliance to data subjects’ rights by continuously monitoring and scanning data.

Automate People Data Graph

PDPO Section: 66G; DPP 4

Discover personal data stored across all the organization's internal and external systems and link them back to a unique data subject. Also, visualize personal data sprawl and identify compliance risks.

PDPO personal information data linking
PDPO cookie consent

Meet Cookie Compliance

PDPO Sections: 35(A), 35(E), 35(H); DPPs: 1 & 3

Automatically scan the web properties within your organization and create cookie categories as per cookie properties and retention periods. Build customizable cookie consent banners as per the applicable jurisdictional cookie consent requirements.

Monitor and Track Consent

PDPO Sections: 35(A), 35(C), 35(E), 35(H), 35(J), 35(M); DPPs: 1 & 3

Track and honor consent and consent revocation, as well as any changes to data subject’s preferences concerning the use of their personal data to prevent the transfer or processing of data without their consent.

PDPO consent preference management
PDPO Readiness Assessment

Assess PDPO Readiness

PDPO Sections: 12; DPPs: 1-6

Measure your organization’s posture against the PDPO’s requirements with the help of our multi-regulation, collaborative, readiness, and data protection impact assessment system. It allows you to identify gaps in compliance and address the risks. Seamlessly expand assessment capabilities across your vendor ecosystem to maintain compliance against the PDPO’s requirements.

Map Data Flows

PDPO Sections: 27; DPPs: 1, 2, 3, 5

Track data flows in your organizations by having a centralized catalog of internal data process flows and flows for data transfer to service providers and other third parties. Maintaining updated records of data processing activities enables you to demonstrate compliance with the applicable legal requirements.

PDPO Data Flow Mapping
PDPO manage vendor risk

Manage Vendor Risk

PDPO Sections: 65(2); DPPs: 2(3) & 4

Track, manage, and monitor privacy and security readiness for all your service providers from a single interface. Collaborate instantly with vendors, automate data requests, and manage all vendor contracts and compliance documents.

Breach Response Notification

Guidance on Data Breach Handling and the Giving of Breach Notifications

Automates compliance actions and breach notifications to concerned stakeholders in relation to security incidents by leveraging a knowledge database on security incident diagnosis and response.

PDPO breach response notification

Key Rights Under Hong Kong PDPO

Access

Data subjects have the right to access their personal data held by an organization.

Correction

Data subjects have the right to request the rectification of their incomplete and/or inaccurate personal data held by an organization.

Erasure

Data subjects can request the data user to delete their personal data that is no longer required for the purpose for which it was initially collected.

Object

Data subjects have the right to object to their personal data being processed for direct marketing or new purposes.

Consent

A data subject can withdraw his/her consent previously given by a written notice to the person to whom consent has been given.

Facts Related to Hong Kong PDPO

1

Hong Kong’s PDPO came into force on 20 December 1996, and major amendments to it took place in 2012 and 2021.

2

Data subjects may seek compensation by civil action from data users for damage caused by a contravention of the PDPO’s provisions.

3

Under the PDPO, there is no mandatory breach notification requirement for controllers, but notification to the Office of Privacy Commissioner for the Personal Data (and data subjects, where appropriate) is recommended.

4

The PDPO is applicable to both the private and the public sectors.

5

Contravention of an enforcement notice issued by the Commissioner is an offense that may result in a maximum fine of HK $50,000 and imprisonment for two years.

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