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Privacy Commissioner Encourages Safe and Orderly Data Flow at 1st Summit on “Greater Bay Area Data Interconnection and Secure Development” and “Data Governance and Cyber Security Research Alliance” 2020 Annual Forum (4-5 January 2020)
The Privacy Commissioner for Personal Data, Hong Kong (Privacy Commissioner) Mr Stephen Kai-yi WONG attended the 1st Summit on “Greater Bay Area Data Interconnection and Secure Development” and “Data Governance and Cyber Security Research Alliance” 2020 Annual Forum in Zhuhai, Guangdong.
The forum was organised by the China Free Trade Zone Infoport under the guidance of the Guangdong Provincial Free Trade Office, the Global Economic Development and Security Forum of Boao Forum for Asia, the Hengqin New Area Administrative Committee, the Guangdong Southern Finance and Economics Omnimedia Group and the Shenzhen Press Group. It also signified the establishment of the “Data Governance and Cyber Security Research Alliance” at the China Free Trade Zone Infoport, which would gather top-tier talents and resources from high-end industries and strive to make the Guangdong Pilot Free Trade Zone a role model for interconnection and security development of the data industry.
During the 18th Collective Study of the Political Bureau of the Central Committee of the Communist Party of China, General Secretary Xi Jinping emphasised the use of blockchain as the core technology and independent innovation to bring about breakthrough, and to accelerate the development of blockchain technology and innovations in related industries. Data interconnection and security development, with blockchain technology at the core, have become an important direction for regional innovative development. The Forum aimed to study the road map of “data connectivity and security development” in the Guangdong-Hong Kong-Macao Greater Bay Area (GBA) so as to facilitate the development of data flow.
The Privacy Commissioner emphasised at the Forum that with the unique and irreplaceable attributes of Hong Kong, he is confident that Hong Kong has the strong prerequisites to perform as a data hub in the GBA and to connect with other cities in the GBA. The Privacy Commissioner also reiterated the importance of enhancing the exchange of data within the GBA and strengthening Hong Kong's position as a regional data hub.
The Privacy Commissioner also introduced the Personal Data (Privacy) Ordinance (PDPO) and its legislative background. He stressed that the office of the Privacy Commissioner for Personal Data (PCPD) is an independent statutory body regulating both the public and private sectors. While facilitating the business environment and maintaining Hong Kong as a financial and trade centre, it is necessary to strike a balance in protecting individuals’ personal data privacy in the best interests of the community as a whole.
In addition, the Privacy Commissioner pointed out that the law may not be able to catch up with the rapid development of technology, and the PDPO must be technology neutral and compatible with innovations. He also introduced the directions of proposed amendments to the PDPO, including providing the PCPD with more powers such as conducting criminal investigations/prosecutions, issuing binding interim enforcement notices, etc. As the PCPD currently does not possess the relevant enforcement power, it has to work with other law enforcement agencies so as to fulfil its regulatory duties.
The Privacy Commissioner also mentioned that one of the major reasons for section 33 of the PDPO not having been brought into operation was the concern of small and medium enterprises about increase of operating costs. Nevertheless, data users can take effective measures, such as entering into contractual clauses before transferring personal data out of Hong Kong, to ensure that the personal data is under the same level of protection as in Hong Kong. Even section 33 is not yet effective, the transfer of personal data out of Hong Kong is still protected by relevant data protection principles, such as the data security requirements of Data Protection Principle 4.
The 1st Summit on “Greater Bay Area Data Interconnection and Secure Development” and “Data Governance and Cyber Security Research Alliance” 2020 Annual Forum was held on 4th and 5th January 2020 in Zhuhai, Guangdong. Under the guidance of the Central Government, Guangdong Province and relevant business guidance departments, the China Free Trade Zone Infoport has invited officials of personal information and data security departments in the mainland, Hong Kong and Macao, as well as domestic and international renowned experts to attend the event. The Summit aimed to share the development needs for enterprises in the GBA on cross-border data transmission and to discuss compliance solutions. The Summit also discussed the institutional framework and governance structure of safe and orderly data flow, and shared the experiences in promoting the integration as well as innovation of data flow.
Other speakers at the Summit included Ms MA Li (President of China Internet Development Foundation, Former Deputy Editor-in-chief of People’s Daily and Former Managing Director of People.cn), Dr HONG Yanqing (Deputy Convenor of APP Special Governance Working Group), Mr LIANG Bo (Director of Network Security Coordination Bureau, Cyberspace Administration of China), Mr Ken YANG Chongwei (Coordinator of the Office for Personal Data Protection of the Macao SAR), Mr YEONG Zee Kin (Deputy Commissioner, Personal Data Protection Commission of Singapore), Dr Clarisse GIROT (Senior Fellow and Data Privacy Project Lead, Asian Business Law Institute), Dr Nico van EIJK (Former Professor in Information Law and Director of the Institute for Information Law, IVIR, University of Amsterdam), Dr Andras JORI (Attorney at Law, Former Head of the Hungarian Data Protection Authority), Mr Alex LI (Director of Certification Policy, Microsoft), Ms Samm SACKS (Cybersecurity Policy and China Digital Economy Fellow, New America), Mr Bryant Walker SMITH (Associate Professor, School of Law, University of South Carolina), etc.
Mr Stephen Kai-yi WONG, Privacy Commissioner for Personal Data, Hong Kong delivers a presentation at the 1st Summit on “Greater Bay Area Data Interconnection and Secure Development” and “Data Governance and Cyber Security Research Alliance” 2020 Annual Forum.
Mr Stephen Kai-yi WONG, Privacy Commissioner for Personal Data, Hong Kong, is interviewed by Mainland media after the Forum.
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