Hong Kong’s data protection laws may have not been updated in recent years, but that does not excuse businesses from their obligations to comply with them. Instead, businesses should focus on understanding how Hong Kong law applies key data privacy concepts compared to those from other jurisdictions and how this might differ.
As part of this process, the first step should be assessing whether any transfer of personal data falls within the scope of the PDPO. To do this, it must be clear that this data relates to an identifiable individual who can be easily identified from it – otherwise the requirements laid down by the PDPO with regards to data transfers don’t apply.
Another key consideration is defining the personal data at issue. Under Hong Kong’s Personal Data Protection Ordinance (PDPO), “personal data” refers to any information that identifies living individuals directly or indirectly – such as names, identifier numbers, location data or online identifiers – including factors specific to physical, physiological, genetic, mental, economic, cultural or social identities of an individual. Data transfers outside Hong Kong could face restrictions if such personal information cannot easily be identified as belonging to one individual.
Noteworthy is also that the PDPO does not permit extraterritorial application of its provisions and the law does not expressly grant powers for investigation and prosecution of offences committed outside Hong Kong territory by data users; nonetheless there have been instances in which data users were investigated and prosecuted for direct marketing practices within Hong Kong territory and this may increase in future.
SmarTone, a Hong Kong-based mobile virtual network operator (MVNO), offers roaming packages for use across Mainland China, Hong Kong and Macau on its 3G and 4G networks. Their most basic 4G SIM costs just HK$ 80 for one year’s access and includes 1GB. Tethering support is supported and each day of usage counts up until midnight Hong Kong time with data usage charged at local Hong Kong rates for Macau usage.
China Mobile provides a prepaid roaming SIM that offers 8GB annually on their 3G and 4G networks in mainland China and HK. Tethering is supported, but speeds beyond your data allowance are limited to 128kbps. Top-ups and activation can be completed at more than 15,000 Wi-Fi hotspots throughout the city, which serves as a good way to bypass China’s Great Firewall of China. Using it with other networks may incur higher roaming rates.