20 January 2015
Section 33 of the Hong Kong Personal Data (Privacy) Ordinance ("PDPO"), which restricts the cross-border transfer of personal data, has been in the statutory books since the PDPO was enacted in 1996. It has not yet been brought into force.
The Privacy Commissioner ("PC") indicated a few years ago that Section 33 would be enacted in the future and, to this end, his office commissioned research on the treatment of cross-border transfers in other jurisdictions. On 29 December 2014 the PC issued a new guidance on the transfer of personal data out of Hong Kong, to help data users prepare for the implementation of Section 33 ("Guidance Note").