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The Hong Kong Personal Data Protection Ordinance (PDPO) provides enhanced privacy protection for residents of the territory. This is in addition to existing statutory and common law privacy laws. Under the PDPO, personal data is defined as any information relating to an identifiable natural person, which includes his or her name; identification number; location data; online identifier; factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual; and any other information that can be used to identify that person. It also includes his or her health status, sexual orientation, religious beliefs and political opinions.

Those who control personal data in or from Hong Kong must comply with the PDPO, even if they are not operating any business in the territory. However, a few important caveats should be noted. For instance, the PDPO does not apply to any data that has been collected outside of Hong Kong or that is stored abroad. Furthermore, the PDPO does not contain any express provisions conferring extraterritorial application. The PDPO applies only to “data users” — that is, any entity or organisation that controls the collection, holding or processing of personal data.

Within a week of the new law’s enactment, Google, Facebook and Twitter said that they had paused all requests for user data from Hong Kong authorities as they reviewed the new policy. Google also reportedly told the Hong Kong government that any future requests would have to be sent through the US Justice Department, which could take months.

An industry group representing tech companies warned the government that it could face a boycott of its products and services if it continues to pursue the bill’s implementation, which it has described as a “disproportionate and unnecessary response” to doxxing, which is the malicious publication of private or identifying information. The group said the new measures are likely to discourage foreign investment and slow digital innovation in Hong Kong.

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