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Personal Data Privacy Laws Hong Kong: 2020 Review and 2021 Outlook
- Anna Lau
- May 28, 2021
- 4 min read
Author: Anna Lau, Litigation Partner
Personal Data Privacy Laws in Hong Kong have undergone increasing scrutiny as digital transformation accelerates across society. The rapid growth in online interaction during 2020 has highlighted both the value and vulnerability of personal data in the modern economy.
“There is a saying that if you get something for free, you should know that you are the product. It was never more true than in the case of Facebook, Gmail and Youtube…You get free social media services, you get free funny cat videos. In exchange, you give up the most valuable asset you have, which is your personal data.” —Howard Tullman
In the age of technology, personal data is often described as the new oil. The migration towards digital platforms has enabled companies to enhance engagement with consumers, but has also introduced significant risks relating to misuse and exposure of personal data.
Personal Data and Privacy Laws Landscape of 2020
“Privacy is dead and social media holds the smoking gun” —Pete Cashmore
Throughout 2020, four major developments shaped the personal data and privacy landscape in Hong Kong.
Amendments to the Personal Data (Privacy) Ordinance
On 20 January 2020, the Hong Kong Government proposed amendments to the Personal Data (Privacy) Ordinance (Cap. 486).
The existing legislation has long been criticised for lacking modern enforcement strength and for lagging behind developments such as the EU General Data Protection Regulation (GDPR).
Balancing Voting Transparency and Privacy
On 21 May 2020, the Court of Appeal in Junior Police Officers’ Association v Electoral Affairs Commission addressed the balance between privacy rights and electoral transparency.
The Court held that unrestricted public access to the voter register was disproportionate. A more limited system allowing access to specific categories of users was adopted, aiming to preserve both privacy and electoral integrity.
Impact of the National Security Law
On 30 June 2020, the National Security Law (NSL) was implemented in Hong Kong.
Its impact on privacy includes:
increased focus on combating doxing and cyberbullying
potential acceleration of legislative reform to the PDPO
evolving interpretation of privacy rights in sensitive contexts
First Enforcement Under the PDPO
On 3 November 2020, Hong Kong recorded its first conviction under section 64(2) of the PDPO.
This marked a significant development, as the PDPO had historically been viewed as lacking enforcement strength. The case signalled a potential shift towards more active enforcement and regulatory action.
Outlook for Personal Data and Privacy Laws
Developments in 2020 laid the foundation for further changes in 2021 and beyond.
Stronger Regulation of Doxing
Doxing emerged as a major issue. Legislative and judicial responses are expected to continue addressing unauthorised disclosure of personal data.
Mandatory Data Breach Notification
Hong Kong is expected to move towards mandatory breach notification requirements, aligning with international standards such as the GDPR.
This would impose additional compliance obligations on organisations and strengthen internal data governance.
Enhanced Enforcement Powers
Proposed reforms include empowering the Privacy Commissioner for Personal Data with greater investigative and enforcement capabilities, including administrative penalties.
Addressing Fraud and Data Misuse
The increase in fraud cases linked to misuse of personal data is expected to drive collaboration between regulators, law enforcement, and financial authorities.
Data Issues in Public Health Measures
Anti‑pandemic initiatives such as vaccination tracking may require large‑scale data collection. This raises questions regarding:
data storage and retention
cross‑border data transfers
appropriate use of personal information
Conclusion
The rapid digitisation of society has accelerated the development of Personal Data Privacy Laws Hong Kong, highlighting both opportunities and risks.
Key themes include:
increasing regulatory scrutiny
growing user awareness of data protection
rising importance of compliance frameworks
development of automated solutions to manage data obligations
As digitalisation continues, privacy laws are expected to evolve further to address emerging challenges.
How Ravenscroft & Schmierer Can Help?
Ravenscroft & Schmierer advises businesses on regulatory compliance relating to Personal Data Privacy Laws Hong Kong, including data protection obligations and risk management. The firm supports organisations in navigating legal frameworks governing personal data and adapting to evolving regulatory expectations. Clients seeking further information may contact us.
FAQ: Personal Data Privacy Laws Hong Kong
What are personal data privacy laws in Hong Kong?
They are laws that regulate how personal data is collected, used, and protected, primarily under the Personal Data (Privacy) Ordinance.
Why was the PDPO criticised in 2020?
It was considered outdated and lacking strong enforcement powers compared to modern frameworks such as the GDPR.
What is doxing and why is it important in Hong Kong?
Doxing involves the unauthorised disclosure of personal information and has become a major concern requiring legal regulation.
Will Hong Kong introduce data breach notification requirements?
It is expected that mandatory notification requirements will be introduced to strengthen data protection practices.
How has digitalisation affected privacy risks?
Increased online activity has expanded the volume of personal data collected, raising exposure to misuse and cyber risks.
How can Ravenscroft & Schmierer assist with data privacy compliance?
Ravenscroft & Schmierer supports organisations in understanding and complying with data protection laws and regulatory requirements in Hong Kong.
Why work with Ravenscroft & Schmierer on privacy law matters?
Data privacy involves complex regulatory considerations. Ravenscroft & Schmierer provides practical guidance to help businesses manage compliance and legal risks.
This article is co-authored by Joshua Chu from ONC Lawyers
Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.
For specific advice about your situation, please contact:
Anna Lau
Litigation Partner
+852 2388 3899
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