the purposes for which the personal data will be used; whether supplying the personal data is obligatory or voluntary and the consequences for failing to supply obligatory information; the classes of persons to whom personal data may be transferred or disclosed; if applicable, information about the use and/or provision of personal data for direct marketing; and. The Office of the Communications Authority has also issued Guidelines on the Security Aspects for the Design, Implementation, Management and Operation of Public Wi-Fi Service, aimed at operators providing adequate security measures in their networks to protect user data communications including protecting the confidentiality and integrity of user data (among other things). Under the DPPs, data users engaging a data processor (within or outside Hong Kong) must adopt contractual or other means to: The PCPD recommends incorporating additional contractual clauses in service contracts or entering into separate contracts with data processors, that could impose obligations such as keeping records and immediate reporting of any sign of abnormalities or security breaches. If personal data of website users is being collected, a PICS must be provided to data subjects (outlined under DPP1(3)). The PCPD has issued non-mandatory Guidelines on Outsourcing the Processing of Personal Data to Data Processors. Examples of CII include water, electricity, coal supply, communication networks, transport services and financial institutions. Hong Kong Computer Emergency Response Team Coordination Centre (HKCERT) HKCERT is the centre for coordination of computer security incident responses for SMEs and Internet users, to facilitate information dissemination, provide advice on preventive measures against security threats and promote information security awareness. Responses to the Consultation Paper are due on 19 October 2022. However, online tracking activities must comply with the provisions of the PDPO. The National Cyber Security Committee ("NCSC") is comprised of the Prime Minister of Thailand as the chairman, and directors from the government and the private sector that hail from areas that are of benefit to cybersecurity such as engineering, law and information technology. An officer authorised by the PCPD may, without warrant and with the use of reasonable force, stop, search and arrest any person whom the officer reasonably suspects to have committed doxxing-related offences under the PDPO. Our seasoned . is in a form in which access to or processing of the data is practicable. This relates to healthcare providers only. The PDPO does not require organisations to appoint a data protection officer or other similar officer, although the PCPD recommends that organisations implement a Privacy Management Programme including the appointment of a responsible person to oversee compliance with the PDPO. a marketing call to the unidentified owner of a particular telephone number (which is regulated under the Unsolicited Electronic Messages Ordinance (Cap. The PCPD has published Guidance for Mobile Service Operators, providing practical guidance to mobile service operators to comply with the PDPO in their business operations e.g. The proposed cybersecurity legislation is expected to introduce new cybersecurity compliance requirements on CIIs. A data user must comply with the data access or correction requests within 40 calendar days of receipt, and if the data user is unable to comply with the requests within this period, a written notice of the inability and reasons must be given to the data subject, and the data user must comply with the request as soon as practicable (ss.19 and 23 of the PDPO). We are expecting further updates and guidance around cybersecurity and cybercrime legislation. Where direct communication with a data subject is not possible, the data user should consider other practical alternatives to bring the notice to the attention of the data subject such as including a PICS or privacy notice on the relevant website. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. The PDPO also includes provisions prohibiting the transfer of personal data outside Hong Kong (and the transfer between two jurisdictions outside Hong Kong where the data user is in Hong Kong) unless certain conditions are met. Biometric data falls within the definition of personal data for the purposes of the PDPO, both in the form of physiological data with which individuals are born and behavioural data developed by an individual after birth. There are currently no mandatory registration or licensing requirements for data users, data processors, or other person covered by the PDPO. It will also discuss . Unauthorised access to a computer by telecommunication: Under section 27A of the Telecommunications Ordinance (Chapter 106 of the Laws of Hong Kong) it is an offence to use telecommunications1 to affect a computer to obtain unauthorised access to any program or data held in a computer. Reach out for general data protection regulation (GDPR) compliance, China cybersecurity law, security breach, data security and privacy, and penetration testing. Persons collecting and / or using (or controlling) biometric data must therefore comply with the PDPO as data users. The PCPD is currently reviewing the PDPO with the HKSAR Government with a view to formulating further amendment proposals. Whilst these Guidelines do not have the force of law, they are taken into account by the Insurance Authority when considering fitness and properness of the directors or controllers of authorised insurers to which the Guidelines apply, and non-compliance may impact upon this. The scammer would then gain access to the CEO's or the executive's email account, send emails to employees requesting money, and then slip into the payment flow to intercept payments from the employees. . Long before the Cybersecurity Law took effect, China had already made some efforts to strengthen information security. The PCPD has a range of formal investigative powers, including power to enter premises for investigation with a warrant or with prior written notice (s.42 of the PDPO) and to require production of documents for the purpose of an investigation (s.44 of the PDPO). Data User means a person who, either alone or jointly or in common with other persons, controls the collection, holding, processing or use of personal data. The PDPO does not use the definition data controller. It is potentially sensitive data, and any disclosure could lead to harm to the data subject. |Contact Us | Newsletter |Transparency & Annual Report. As noted in question 1 above, the PCPD is considering specific legal obligations for data processors, but these are not yet known. There can therefore be more than one Data User in respect of any item of personal data (for example if different group entities use personal data for different reasons). The official position of Hong Kong law enforcement authorities is that they do not recommend paying a ransom. These . law Hong Kong businesses with interests in the mainland of China should closely monitor recent developments to A data processor can make technical decisions on how to implement a data users instructions regarding personal data, but cannot make any substantive decision without becoming a data user. A data user must also not provide personal data to a third party for its direct marketing use without the data subjects informed written consent (s.35K of the PDPO), having notified the data subject of various factors relating to the proposed transfer and use of the personal data (pursuant to s.35J of the PDPO). Data processing operations are governed by the Federal Data Protection Act ( Bundesdatenschutzgesetz - BDSG) of 30 June 2017, as last amended by Article 12 of the Second Act to Adapt the Data Protection Law to Regulation (EU) 2016/679 and to Implement Directive (EU) 2016/680 of 20 . As noted in question 1 above, the PCPD is currently considering a prescribed data retention period, and requirement for data users to have a data retention policy (likely to be supplemented by templates and guidelines published by the PCPD). The type and sensitivity of personal data is also relevant in considering whether to give a voluntary data breach notification the PCPDs non-binding Guidance on Data Breach Handling and the Giving of Breach Notifications suggests giving a data breach notification to data subjects where there is a reasonably foreseeable real risk of harm arising from the data breach. The SFC has also stated its expectation that a licensed or registered person should report a material cybersecurity breach. A person considering paying a ransom must check relevant sanctions lists to ensure that the recipient is not a known terrorist organisation or sanctioned person. Cybersecurity. While the PDPO is sometimes viewed as Hong Kong's cybersecurity law, it is in fact technology neutral and covers personal data presented in any format and form, not just digital content. In mainland China, it's rather the political situation, at a time when privacy was making a breakthrough at international and national levels, that decisively precluded the emergence of privacy protection and set China apart from the developments . Enforcement of Judgments in Civil and Commercial Matters, the PCPDs criminal investigation and prosecution powers in relation to such offences; and. The Security Bureau and the Innovation and Technology Bureaus are conducting a joint study, paving the way for a legal framework that will require compliance from private companies, statutory bodies and government departments on cybersecurity, government sources told HKFP. Data breaches: There is currently no definition of personal data breach in the PDPO, although the PDPO is considering the inclusion of such a definition as part of its review of the PDPO. The introduction of the New Cybercrime Offences will provide the law enforcement agencies, and hence entities/individuals impacted by cybercrimes, with enhanced tools to pursue the perpetrators. Organisations should inform users of the nature of such third-parties, purpose and means of collection, retention period and whether such information collected would be further transferred to other parties by the third party; and. DPP5 provides a right of access to information by requiring that all practicable steps must be taken to ensure that a data subject can be informed of the kinds of personal data a data user holds and the main purposes for which this data is or is to be used. Protiviti's cybersecurity consultants have deep expertise in IT cybersecurity, managing technical and business risks. The move was announced on Wednesday during Chief Executive Carrie Lams last policy address of her current term, confirming earlier media reports. However, the PCPDs Guidance on Outsourcing the Processing of Personal Data to Data Processors recommends keeping records of all personal data transferred to a third party for processing. Personal data covered by legal professional privilege. For the summary offence of illegal access to programs or data, the HKLRC is of the view that the Hong Kong courts should only have jurisdiction where the act constitutes a crime in the jurisdiction where it was performed. Several non-binding guidance notes from the PCPD recommend employee training, including the recommended Privacy Management Programme. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Under the PDPO there is currently no specified data retention period nor any statutory obligation to maintain a data retention policy. Hong Kong has seen a series of cybersecurity attacks, such as when a local airlines cache of client data was stolen, or when the Hospital Authority saw its patients data hacked. In these circumstances, explicit and voluntary consent from the data subject must be sought in compliance with DPP3. Where a breach of a section of the PDPO is a criminal offence, the PCPD may refer the matter to the Hong Kong Police Force to investigate. Data processors (in that capacity) are subject to obligations by way of flow-down contractual or other means which a data user must adopt, e.g. So this is about China stepping in to ensure the city has a legal framework to deal. Cybersecurity risk is pervasive. On August 20, 2021, the 30th session of the Standing Committee of the 13th National People's Congress (NPC) adopted China's new PRC Personal Information Protection Law (PIPL) 1, which will take effect on November 1, 2021. Offences of a less serious nature may be dealt with summarily with a jail term of two years or less. Currently, Hong Kong does not have any specific offence applicable to cybercrime. If the data subject subsequently requires the data user to stop using his personal data for direct marketing purposes, the data user must immediately stop that use (s.35G of the PDPO). Businesses may also face sector-specific breach notification obligations under applicable regulations, such as the SFC. (China) Limited, a limited liability company in Mainland China, KPMG, a Macau (SAR) partnership, and KPMG, a Hong Kong (SAR) partnership, are member firms of the KPMG global organisation of independent member firms . Support HKFP |Code of Ethics |Error/typo? The local cybersecurity legislation may potentially adopt the concept of "critical information infrastructure operators" under the PRC's national Cybersecurity Law, who are subject to heightened security measures such as undergoing national security review when purchasing network products and services that may impact national security, and storing personal information and critical data within the territory. There are no minimum contract terms, or standard contractual clauses, required for processors of personal data. The PCPD has issued Guidance on Collection and Use of Biometric Data, including several recommendations on how to handle and keep biometric data in compliance with the PDPO and DPPs (including, for example, to conduct a privacy impact assessment prior to collecting biometric data, to encrypt biometric data both at rest and in transit, and to restrict access to biometric data to authorised persons on a need-to-know basis). The PCPD has recommended in its Guidance on Data Breach Handling and the Giving of Breach Notifications that data users should notify the PCPD about data breaches as part of recommended practice for proper [data breach] handling. While data processors are not subject to the PDPO, data users that use data processors to process personal data on their behalf (or for their purposes) are liable for any violations of the PDPO by the data processor as if they were processing the personal data themselves. Extending the scope of the PDPO to identifiable persons. 625) regulates the collection, sharing, use and safe-keeping of patients health data under the Electronic Health Record Sharing System. Proposed cyber legislation are provided below PCPD summarising the exemptions analyze and understand you Particular telephone number ( which is regulated under the PDPO draws a distinction between data users,,. 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