Hong Kong Privacy Commissioner Issues Guidance on Cross-Border Data Transfers
Hong Kong's Privacy Commissioner for Personal Data (the Commissioner) published a guidance note concerning the potential implementation of section 33 of the Personal Data (Privacy) Ordinance (the PDPO), which would restrict the export of personal data from Hong Kong. At present it is unclear whether section 33, would be brought into force in its present form, the wording upon which the guidance is based. These uncertainties mean that the guidance has a very unusual status as a guide to compliance with the PDPO. The Commissioner's view is that publication of his guidance will help businesses prepare for the eventual implementation of section 33 and that, in any event, businesses should comply with the guidance as a matter of their corporate governance responsibilities.