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Data collection is a vital component of research, with open data providing researchers with valuable information on a variety of topics. A number of international open data portals have been established to facilitate the access and use of public information, including government websites, business registers, health statistics and geospatial data.
A non-exhaustive list of exemptions from the use limitations and access requirements includes – (i) safeguarding Hong Kong’s security, defence and international relations; crime prevention; assessment or collection of any tax, duty or fee; authorised research; due diligence exercises; news activities; and life-threatening emergency situations. Moreover, the PDPO provides that where a data user engages an agent or contractor to process personal data on its behalf, the data user is liable for breach of the provisions of the PDPO even if such processing takes place outside Hong Kong.
If the Hong Kong government were to move towards a definition of personal data similar to that of the GDPR, which would require that personal data be in relation to an identifiable person, it is likely to have a significant impact on businesses who use data. It would also increase compliance measures for businesses, as they would need to ensure that any data they process has a purpose and is collected in accordance with the principles of the PDPO.