At the Legislative Council Panel on Constitutional Affairs held on 19 February 2024, the Privacy Commissioner (“Commissioner“) reported that the Office of the Privacy Commissioner for Personal Data was working with the Government to review the Personal Data (Privacy) Ordinance (“PDPO“) to strengthen personal data protection in Hong Kong. At the meeting, the Commissioner announced the Government’s plans to make amendments to the PDPO including the introduction of a mandatory data breach notification mechanism, imposition of the requirement for companies to devise data retention policies, implementation of administrative fines, etc.
However, plans to amend the PDPO have been put on hold given concerns over the immense economic pressure it may exert on small or nano businesses to comply with the new regulations. The Government could alternatively consider introducing the amendments in a ‘piecemeal approach’ to reduce the impact on local businesses. For now, the Government has no definitive timeline on when the amendments to the PDPO will be introduced and will only provide updates upon developing more concrete proposals. In the meantime, we will continue to monitor for any further details in relation to the Government’s plans to update the PDPO.
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