Data hk is an important first principle in data privacy law. Having a clear understanding of the application of this principle will help you manage data privacy risk and promote efficient compliance with data transfers across your business. Padraig Walsh from Tanner De Witt’s Data Privacy practice group explains the key points to note about data transfers.
The PDPO requires data users to protect personal information from unauthorised access, processing, erasure and use. This includes the requirement that data be only processed for the purposes for which it was collected, and not disclosed or used for other purposes without the express consent of the person whose information is being processed. The PDPO also prohibits the use of personal data for direct marketing, unless the person has agreed to receive such communications. Consequently, investigations and prosecutions of data users for direct marketing practices continue to be a significant focus of the Office of the Privacy Commissioner’s enforcement activities.
A number of different factors are considered to be personal data under the PDPO, including the fact that an individual is identifiable from that person’s name or other personal data. However, the definition of ‘identifiable’ is less than clear, and could potentially catch a wider range of uses of personal data. A discussion paper published by the Office of the Privacy Commissioner earlier this year considered possible changes to this definition, including requiring that the data concern an identifiable natural person rather than just a particular person.
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