Data and Politics

Data hk is a website that collates open government and public data for Hong Kong. It has a range of searchable datasets, including weather data, population statistics, economic indicators and more. The site also offers a number of tools for visualising and analysing the data. It is a great resource for researchers and policymakers alike.

The platform is run by a community of volunteers, with funding from various organisations. Its aim is to provide access to Hong Kong-related open government and public data, with an emphasis on the use of technology to enable people to engage in civic action. It is a not-for-profit organisation and a member of the Open Knowledge Foundation.

One of the interesting aspects of the Data HK project is the way it has addressed concerns over data privacy in the context of a particular political movement in Hong Kong. In doing so it has reexamined the nexus between data-driven governance and individual data practice during times of contention. The movement in question was the Occupy Central protests, which were characterized by large scale demonstrations and organised activities. The protests were met by a response from the Hong Kong police that included both ‘hard’ and ‘soft’ strategies. The ‘hard’ strategies incorporated the forceful suppression of rallies and the use of tear gas. The’soft’ strategy was more focused on the collection of protester data through facial recognition software, transport usage records and social media posts.

This broader perspective on data and politics can be used to frame an understanding of the way that open government and open data initiatives are shaped by particular power relations and social structures. This is the basis for understanding how they may be used to generate different kinds of effects and a deeper understanding of how data driven governance can serve or undermine democracy.

A significant feature of the Data HK project is its focus on making it easy for people to request access to their personal data. This is achieved through an online portal that allows individuals to easily submit a request in either English or Chinese to eight different mobile phone and internet service providers. The portal was developed as part of the AMI:HK project and at the time of writing had generated 1603 requests.

PDPO requires that the data user of any personal information obtained from a data subject fulfil a range of statutory obligations before using that data. These include obtaining the voluntary and express consent of the data subject before he can either transfer that personal information to a class of person not set out in his PICS or use it for a purpose not authorised by him. This includes a requirement to comply with the six DPPs that form core data obligations under privacy law in Hong Kong, namely DPP1, DPP2, DPP3, DPP4 and DPP5.

The PCPD has published guidance on cross-border data transfers, including recommended model clauses for contracts. It has also undertaken a comprehensive business impact assessment on the implementation of section 33. The pace of transformation of the legal regime in mainland China, and the need for efficient and reliable means of transferring data to that jurisdiction, may ultimately drive change in Hong Kong’s position on this issue.