The warm summer days are here, which means it’s time to go for a swim! Swimming is not only a fun activity to do with your loved ones or for a relaxing day out on the town, but it also has numerous physical and mental health benefits. In addition, it is a low-impact exercise that is perfect for all age groups. So why not beat the heat and enjoy a dip in Hong Kong’s top-notch pools this season?

But not all public and government-run swimming pools are created equal, and they can get crowded with tourists and locals alike. If you’re looking for a pool that is both private and luxurious, look no further than one of the city’s hotels! These establishments offer world-class facilities, stunning views and top-notch dining options all while you can soak up the sun and relax in your own private oasis.

There are plenty of hotel pools in Hong Kong to choose from, so you can find the one that best suits your needs and budget. For example, the luxurious Regent Hong Kong offers an expansive pool terrace overlooking the waterfront that is the perfect spot for a leisurely swim or to unwind and enjoy the view. They even have a cosy daybed where you can sit and sip on a drink or two to truly soak up the atmosphere.

On the other hand, if you’re looking for a more intimate experience, many hotels also offer smaller indoor or outdoor pools that are great for swimming laps or spending time with your children. These pools can be found in newer developments with several towers that typically have a 50-metre outdoor pool and a smaller indoor pool for toddlers, while smaller single-tower developments may only have a small outdoor pool.

In addition to hotel pools, some public and private clubs also have their own swimming facilities. However, it’s worth noting that they can be quite crowded and that it may be difficult to practice your swimming skills. Another important thing to note is that most of these pools are staffed only by lifeguards. This can be problematic if there is an unexpected increase in visitors, since the pools are not always properly supervised.

In addition, some public and private swimming pools have already closed due to staff shortages. According to the union, nearly half of the city’s 45 public pools have told swimming clubs they will only open partially this summer. This could lead to the cancellation of swimming classes and is worrying for swimmers. The LCSD has urged the public to check online or contact the swimming pool staff before heading to any venues. It has also warned that the water quality at some swimming pools might be affected by contaminated water, especially from mainland China. Therefore, it is recommended to use bottled water at the pools for safety reasons. In such cases, the LCSD has advised swimmers to wear masks and snorkels for protection.

Despite the proliferation of data and its many uses, some organisations may be confused about their obligations in respect of this information. Taking a step back and clarifying the legal definitions of personal data in Hong Kong and other jurisdictions can help businesses to ensure they have the measures in place to comply with their data-related obligations. This exercise, together with a data mapping exercise, can also help businesses to identify and differentiate between personal data that is subject to privacy laws, and other information they hold that falls outside those rules.

Amongst the most challenging of these obligations is the requirement to carry out a transfer impact assessment before transferring personal data abroad. While the requirement to conduct a transfer impact assessment is not mandatory under Hong Kong law, there are increasing number of circumstances where a business operating in Hong Kong will be required to undertake one by virtue of the application of laws of other jurisdictions (most commonly in connection with data exports from the European Economic Area to Hong Kong).

The first question to ask when assessing whether a transfer impact assessment is needed is whether the information being transferred is ‘personal data’. The definition of personal data in Hong Kong is broad and encompasses descriptions or identifiers that point to or are relatable to an identifiable person. This includes IP addresses, residential address and website cookies.

Another consideration is whether the information being transferred has been collected for a particular purpose, and will be used for that same purpose. If the data is being used for a different purpose, then it is a new use and the requirements of the PDPO must be met. This may include obtaining the voluntary and express consent of the data subject.

For example, the PDPO requires that a data user obtains the express consent of the data subject before he transfers the data to an entity which intends to use it for direct marketing purposes. This consent must also be obtained before the data is used for other types of processing such as analytics or research.

In addition to these requirements, the PDPO imposes further requirements on data users who transfer personal data abroad. These include a requirement to adopt contractual or other measures which prevent personal data being kept longer than necessary for the purposes of processing it, and a requirement to protect personal data from unauthorised access, processing, erasure, loss or disclosure, including by virtue of its transfer (DPP 2(3)).

If a data user wishes to avoid having these obligations imposed on him, then he must consider obtaining the express and voluntary consent of the data subject before transferring the data abroad. This would be the only way for a data user to avoid having to complete a transfer impact assessment and to comply with the six core data protection principles under Hong Kong privacy law. In addition, the data user must make it clear to the recipient that he will be responsible for compliance with the PDPO in respect of the transferred data.