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Volume XIII, Number 266

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Hong Kong Initiates Privacy Compliance Checks on All Credit Reference Agencies

On June 5, 2023, the Office of the Privacy Commissioner for Personal Data of Hong Kong (Commission) issued a press statement[1] announcing that it will commence compliance checks on all credit reference agencies (agencies) in Hong Kong.

These checks are to be carried out as a proactive measure by the Commission, arising from recent investigation findings and concerns raised by the community pertaining to the mishandling of borrowers’ credit data by the agencies.

The checks aim to ensure the protection of borrowers’ data privacy, and that there is adequate data security accorded to credit reference databases, in line with the requirements set forth in Hong Kong’s Personal Data (Privacy) Ordinance (Ordinance). The checks will, among other things, determine whether the security measures adopted by the agencies and the retention period applied to borrowers’ credit data comply with the Ordinance.

The statement also invites any person that suspects his or her credit data has been accessed inappropriately, or retained for longer than needed, to make an inquiry with the relevant agencies, or even to lodge a complaint with the Commission directly.

Comment

The proactiveness of the Commission in this context signals a marked commitment in Hong Kong toward safeguarding individuals’ data privacy. There has also been a noticeably high level of enforcement activity of late across Asia Pacific.


[1] https://www.pcpd.org.hk/english/news_events/media_statements/press_20230605.html

© Copyright 2023 Squire Patton Boggs (US) LLPNational Law Review, Volume XIII, Number 158
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About this Author

Nicholas Chan Private Equity/Venture Capital Attorney Squire Patton Boggs Hong Kong
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Nicholas (Nick) Chan is an experienced private equity/venture capital, merger and acquisition, commercial and compliance, TMT, employment, competition and regulatory lawyer with a computer science background and a regional practice covering 22 countries. He focuses on the telecommunications, broadcasting, information and emerging technologies, healthcare, aviation, energy, real estate, entertainment, advertising, logistics, global sourcing, petroleum and related industries. His expertise has been recognized in AsiaLaw Leading Lawyers since 2004. Most recently recognizing his...

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Charmian Aw Cybersecurity Corporate Attorney Singapore
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For more than 16 years, Charmian Aw has represented market-leading global corporations in navigating the increasingly complex, diverse and fast-evolving tech and data legal landscape in the Asia Pacific region.

Having obtained certifications in information privacy for Asia, Europe and the US (FIP, CIPP/A, CIPP/EU, CIPP/US, CIPM), Charmian has spearheaded multijurisdictional projects (covering up to 82 jurisdictions) on regulatory compliance, data governance, cybersecurity readiness and cross-border transfers.

She has...

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