The main privacy law in Hong Kong is the Personal Data (Privacy) Ordinance (Cap 486) (the Ordinance). The Ordinance, which generally reflects the OECD guidelines for the Protection of Privacy and Trans-border Flows of Personal Data (1980), has been in force since December 1996. The purpose of the Ordinance is to protect individuals’ right to privacy by regulating the handling of personal data in Hong Kong. It applies to any person or organisation, both public and private, that collects, holds, processes or uses personal data.
Hong Kong has a very advanced data protection regulatory framework compared to the rest of Asia, where the extent of personal data protection varies across the region but in general it is still at an embryonic stage. Japan, Malaysia, South Korea, Taiwan, Vietnam, Singapore and Indonesia have implemented laws and regulations to govern the protection of personal data, however in most cases protection is sector specific or fragmented through various pieces of legislation. The implementation of a data protection law is still being considered in China, Thailand, India and Philippines
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