What are the key provisions of the Personal Data Protection and Privacy Ordinance (PDPO)?

Privacy And Data Protection Questions



80 Short 80 Medium 46 Long Answer Questions Question Index

What are the key provisions of the Personal Data Protection and Privacy Ordinance (PDPO)?

The key provisions of the Personal Data Protection and Privacy Ordinance (PDPO) include:

1. Data Protection Principles: The PDPO sets out six data protection principles that organizations must adhere to when collecting, using, and handling personal data. These principles include obtaining consent, purpose limitation, data accuracy, data security, retention limitation, and openness.

2. Data Access and Correction: Individuals have the right to access and correct their personal data held by organizations. The PDPO establishes a mechanism for individuals to make data access requests and requires organizations to respond within a specified timeframe.

3. Data Security: Organizations are required to take appropriate measures to safeguard personal data against unauthorized or accidental access, processing, erasure, loss, or use. They must implement security measures to protect personal data from unauthorized disclosure, alteration, or destruction.

4. Direct Marketing: The PDPO regulates direct marketing activities and requires organizations to obtain explicit consent from individuals before using their personal data for direct marketing purposes. Individuals also have the right to opt-out of receiving direct marketing communications.

5. Transfer of Personal Data: The PDPO imposes restrictions on the transfer of personal data outside of Hong Kong, ensuring that adequate protection is maintained during such transfers.

6. Enforcement and Penalties: The PDPO establishes the Office of the Privacy Commissioner for Personal Data (PCPD) to oversee and enforce compliance with the ordinance. Non-compliance with the PDPO can result in penalties, including fines and imprisonment.

These provisions aim to protect individuals' privacy rights and ensure that organizations handle personal data responsibly and securely.