The data interconnection between Hong Kong and the Greater Bay Area brings convenience to Hong Kong. Last year, the government signed the "Standard Contract on Cross-border Flow of Personal Information in the Guangdong-Hong Kong-Macao Greater Bay Area (Mainland and Hong Kong)" to simplify the procedures for cross-border data flow between the nine mainland cities in the Greater Bay Area and Hong Kong. The measures have had successful cases in the financial and medical sectors, and were expanded to all industries last month. Sectors such as education, culture and arts, and new productivity are also expected to benefit. Some data experts pointed out that Hong Kong needs to pay attention to protecting "data property rights" and data classification and classification, and suggested referring to the strict laws and regulations of the Mainland, establishing a legal framework and speeding up the formulation of a data security law. The digital economy is becoming a new main body of Hong Kong's development. Some lawyers have suggested that the authorities promote mutual recognition of identities, promote high-quality cross-border development in all aspects, and help integrate it into the overall national development.
Data interconnection and interoperability with the Greater Bay Area will bring many conveniences and benefits to Hong Kong. Last year, Hong Kong and the Cyberspace Administration of China signed the "Memorandum of Cooperation on Promoting Cross-Border Data Flow in the Guangdong-Hong Kong-Macao Greater Bay Area", and subsequently signed the "Standard Contract for Cross-Border Flow of Personal Information in the Guangdong-Hong Kong-Macao Greater Bay Area (Mainland and Hong Kong)" to simplify the cross-border flow of personal information in the Guangdong-Hong Kong-Macao Greater Bay Area. It involves compliance arrangements for cross-border flow of personal information from the Mainland between nine Mainland cities and Hong Kong, exemption of quantitative restrictions on cross-border transfer of personal information, and simplification of personal information protection impact assessments.
Education, culture, arts and more sectors benefit
The measure has been piloted in the banking, credit information and medical industries. Successful examples include the Greater Bay Area Medical Group, which has achieved two-way cross-border data through filing and approval. Patients can authorize doctors in both places to directly access their past electronic medical records and CT (computerized tomography) Scan) images, etc., to avoid repeated examinations for patients; Financial OneConnect previously announced that it had completed registration with banks in Hong Kong to provide data support for online collection and identity authentication for mainland residents opening accounts in Hong Kong, optimizing user experience while reducing fraud risks.
Starting from the 1st of last month, the relevant measures were extended to all industries. The Digital Policy Office said that it had received inquiries from different industries, including insurance, law, technology, education, catering, etc. The office pointed out that since the measure was launched in December last year, it has received and processed about 50 filings, most of which (about 75%) are arrangements for the transfer of personal information from the Greater Bay Area to Hong Kong.
On the other hand, the "Shenzhen-Hong Kong Cross-border Data Verification Platform" jointly established by the HKMA and multiple departments in Shenzhen has been launched for trial in the middle of this year. It uses blockchain technology and data codes to verify documents and does not involve cross-border transmission of original data files. The first phase covers the verification of credit reports and corporate customer account opening documents. Participating platforms include Bank of East Asia, Fusion Bank, etc. This year, the authorities also signed a "Memorandum of Understanding on the Pilot Program of Cross-border Credit Information Interoperability" with the People's Bank of China to support cross-border credit information interoperability in a pilot form. There are successful cases both in the south and in the north. It is known that Bank of China (Hong Kong) and HSBC have completed Southbound pilot project.
As Hong Kong’s data becomes more interconnected with the Greater Bay Area, experts expect that many areas such as finance, insurance, education and the promotion of new quality productivity will benefit. Legislative Council member and registered lawyer Chan Man-kee said that cross-border data interoperability and flow will help deepen the integration of the Guangdong-Hong Kong-Macao Greater Bay Area, enhance Hong Kong's international competitiveness, and consolidate Hong Kong's role as a "super connector" and "super value-added person". role, "I believe that with the continuous advancement of technology and the continuous improvement of policies, more industries will benefit in the future."
Poon Hok-chi, co-convenor (research) of Democratic Ideas, pointed out that in recent years, colleges and universities in the Greater Bay Area have repeatedly been involved in "fake degree scandals". With data interconnection, applicants may authorize their favorite schools to obtain and check their personal information, public examination results and past Academic qualifications, and avoid deception. He also pointed out that the Hong Kong government is determined to promote low-altitude economy and unmanned driving. Cross-border data sharing can collect the behavioral performance and data of drone operators, pilots and other industry insiders, and accelerate the development of "new quality productivity."
Schools check personal information to prevent fake academic qualifications
Chen Wanhua, chairperson of the Trusted Network Protocol Committee of the Smart City Alliance, also pointed out that the Greater Bay Area has rich cultural and artistic resources. Connecting data such as Chinese paintings, calligraphy, digital collections and intangible cultural heritage will help entrepreneurs more accurately judge market trends and make targeted Sexual deployment.
However, there are still many areas that need attention and improvement in cross-border data interoperability. Ms. Shi Haoling, partner of the Intellectual Property Department of Deacons, said that it is particularly important to explore and protect "data property rights". This concept is relatively new in Hong Kong, but it has become an important part of promoting economic, technological and people's livelihood development in the Mainland and other regions. The main principles are "rights to hold data resources", "rights to process and use data", and "rights to operate data products". She gave an example that many cities in the mainland have implemented a data intellectual property registration system to help clarify the source of data, promote and regulate economic activities such as licensing and processing of data and its derivative products.
Advocate for mutual recognition of identity and integrate it into the overall national development
The implementation of data property rights also involves grading and classifying data, making some less sensitive data easier to circulate in the market. Shi Haoling said that the current data-related laws in Hong Kong are scattered across the Personal Data (Privacy) Ordinance, the Copyright Ordinance, etc., and there is no specific law to regulate data management. She believes that Hong Kong can refer to the precedents of other jurisdictions and establish data protection rules that are in line with its own economic development needs in order to promote the high-quality development of the digital economy.
Hong Weimin, executive chairman of the Chinese Big Data Society and founding partner of Zebra Planet, admitted that it is unrealistic to ban data from leaving the country, and believed that the government should speed up the formulation of a "data security law." He pointed out that the Protection of Critical Infrastructure (Computer Systems) Bill was gazetted earlier this month, but it only targeted a small number of companies and did not have a significant effect on combating hackers and protecting data. He cited the example of Hong Kong's frequent data leaks by companies or employees due to negligence, which may be subject to criminal liability in the Mainland. "The Mainland requires companies that handle a lot of data to have a 'data security officer' who is responsible for related incidents, but this is not common in Hong Kong. . "
Mr. Stephen Wong, a barrister and consultant of the Hong Kong Technology Innovation Promotion Unit and former Privacy Commissioner for Personal Data, said that the protection of the mainland legal system has been recognized internationally, and many scholars agree that it is more rigorous and comprehensive. In comparison, the Hong Kong Personal Data (Privacy Policy) The Regulations were mainly formulated in 1996. They were based on principles and technological neutrality. With the rapid development of technology, they are no longer detailed enough. “They are not grounded and are not in place.” He pointed out that the Regulations have only been implemented in response to direct marketing for many years. In order to amend the law to prevent "digging up information" and "doxxing", the Hong Kong government should consider making proactive amendments in light of the current development of big data and artificial intelligence.
He continued that, apart from "doxxing", the Office of the Privacy Commissioner for Personal Data does not have criminal investigation powers and has been criticized as a "toothless tiger" in the past. "The punishment for issuing an enforcement notice is not great." He pointed out that the current Hong Kong The law does not have the power to impose administrative fines, all penalties must be decided by the court, and company leaders do not have personal responsibility. Compared with relevant mainland agencies that can directly issue tickets to violating companies after investigation, the Hong Kong government should consider optimizing the agency's powers.
The digital economy is becoming a new mainstay of Hong Kong's development. Chan Man-kei believes that in order to further facilitate Hong Kong people's integration into the Guangdong-Hong Kong-Macao Greater Bay Area and the overall national development, relevant government departments should promote and follow up on identity recognition and promote cross-border development in all aspects. Give full play to the connectivity effect and create momentum for the development of the Greater Bay Area.
