We acknowledge receipt of your e-mail. Thank you. (The above is generated
by an auto-reply program.) Best Regards, Office of the Government Chief
Information Officer Hong Kong Special Administrative Region Government 本
辦公室已接獲您的電郵，內容備悉。 (以上為電腦自動發出的訊息。) 香港特別行政
區政府 政府資訊科技總監辦公室

Dear Mel Chen,

I refer to your email dated 13 December 2023 to The Office of the
Government Chief Information Officer (“OGCIO”), which has been referred to
this Bureau on 18 December 2023, requesting for a copy of the Memorandum
of Understanding on Facilitating Cross-boundary Data Flow Within the
Guangdong-Hong Kong-Macao Greater Bay Area (“MoU”) signed by the
Innovation, Technology and Industry Bureau (“ITIB”) and the Cyberspace
Administration of China (“CAC”).  

The MoU is of confidential nature and its disclosure will impair the
relations between the HKSAR Government with the Mainland government.   In
accordance with paragraph 2.4 of the Code on Access to Information, we
regret that your request for such information cannot be acceded to.  We
appreciate your kind understanding.  Separately, as you requested,
enclosed please find a copy of the Filing Guidelines on the Standard
Contract for the Cross-boundary Flow of Personal Information Within the
Guangdong-Hong Kong-Macao Greater Bay Area (Mainland, Hong Kong).  OGCIO
has prepared a dedicated webpage on information related to the
facilitation of cross-boundary data flow within the Guangdong-Hong
Kong-Macao Greater Bay Area
([1]https://www.ogcio.gov.hk/en/our_work/bus...
You may wish to check out the details of the facilitation measures from
the above webpage. 

You may also send your enquiry related to the subject matter to
[2][email address] direct.  Thank you.

Regards,

Miss Stephanie TANG

(for Access to Information Officer)
Innovation, Technology and Industry Bureau

-----Original Message-----
From: Mel Chen <[3][FOI #1470 email]>
Sent: Wednesday, December 13, 2023 10:13 PM
To: OGCIO Enquiry/OGCIO <[4][Innovation and Technology Bureau Office of the Government Chief Information Officer request email]>
Subject: Freedom of Information request - 要求获取《促進粵港澳大灣區數據跨
境流動的合作備忘錄》全文

Dear Innovation and Technology Bureau Office of the Government Chief
Information Officer,

In the website of the OGCIO (under Facilitating Cross-boundary Data Flow
within the Greater Bay Area), a memorandum was mentioned under the FAQ
provided by your Bureau, but the document or attachment is not provided in
the subsequent reference materials.

I hereby request a full copy of this memorandum; which is also cited in
the "Filing Guidelines on the Standard Contract for the Cross-boundary
Flow of Personal Information Within the Guangdong-Hong Kong-Macao Greater
Bay Area (Mainland, Hong Kong) ".

Quote

What is the “Memorandum of Understanding on Facilitating Cross-boundary
Data Flow within the Guangdong-Hong Kong-Macao Greater Bay Area” (“the
Memorandum”)? What are the benefits of entering the Memorandum between
Hong Kong and the Mainland?

 [5]https://www.ogcio.gov.hk/en/our_work/bus...

Unquote

Yours faithfully,

Mel

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This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:

[6][FOI #1470 email]

Is [7][Innovation and Technology Bureau Office of the Government Chief Information Officer request email] the wrong address for Freedom of Information
requests to Innovation and Technology Bureau Office of the Government
Chief Information Officer? If so, please contact us using this form:

[8]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
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References

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2. mailto:[email address]
3. mailto:[FOI #1470 email]
4. mailto:[Innovation and Technology Bureau Office of the Government Chief Information Officer request email]
5. https://www.ogcio.gov.hk/en/our_work/bus...
6. mailto:[FOI #1470 email]
7. mailto:[Innovation and Technology Bureau Office of the Government Chief Information Officer request email]
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This message is an acknowledgement of receipt of your e-mail.

Your e-mail will be forwarded to the responsible party/officer for follow
up action.

Innovation, Technology and Industry Bureau

(This message is generated by Auto Reply System)

本局現確認收到你的電郵。

你的電郵會被轉寄至有關部門/負責人跟進。

創新科技及工業局

（以上訊息由自動回覆系統發出）

Dear Mel Chen,

Thank you for your email dated 3 January 2024.  Our reply is provided in
the ensuing paragraphs.

(a)   About the MOU

The Innovation, Technology and Industry Bureau (“ITIB”) is determined to
work closely with the Cyberspace Administration of China to implement the
“Memorandum of Understanding on Facilitating Cross-boundary Data Flow
Within the Guangdong-Hong Kong-Macao Greater Bay Area” (“MOU”).  On 13
December 2023, we jointly announced with CAC the “Standard Contract for
the Cross-boundary Flow of Personal Information Within the Guangdong-Hong
Kong-Macao Greater Bay Area (Mainland, Hong Kong)” (“the GBA Standard
Contract”) and its early and pilot implementation, with a view to
facilitating and streamlining the arrangements on cross-boundary flow of
personal information from the Mainland cities in the Guangdong-Hong
Kong-Macao Greater Bay Area (“GBA”) to Hong Kong. 

The Office of the Government Chief Information Officer (“OGCIO”) and the
Cyberspace Administration of Guangdong Province will jointly take forward
the orderly implementation of the GBA Standard Contract, which will
benefit the public and businesses of different sectors.  The OGCIO will
launch the “early and pilot implementation” arrangement of the GBA
Standard Contract this month, with the first phase inviting openly for
participation from the banking, credit referencing and healthcare sectors
which have a strong demand for cross-boundary services. ITIB will review
the “early and pilot implementation” arrangement in due course, with a
view to further extending the facilitation measure to other sectors.

The GBA Standard Contract is an administrative measure.  It does not
affect the supervisory and regulatory roles of the Office of the Privacy
Commissioner for Personal Data in ensuring compliances with the Personal
Data (Privacy) Ordinance (“PDPO”).  Meanwhile, the processing and export
of personal data from Hong Kong will be conducted on a voluntary basis and
continue to be regulated in accordance with the PDPO of Hong Kong.

(b)  Report of decision on refusal of the request for MoU    

In accordance with the standing practice, we will report to Constitutional
and Mainland Affairs Bureau all the refusal / semi-refusal cases of
information request made under the Code on Access to Information at
regular intervals.  Please rest assured that your case will be duly
reported. 

(c)   Internal review on the disclosure of the MoU

In accordance with paragraph 1.25 of the Guidelines on Interpretation and
Application under the Code
([1]https://www.access.gov.hk/filemanager/co...),
an internal review has been conducted on your request by the officer at
the appropriate level.  The confidential nature of the MOU was jointly
decided and agreed between the two signatories.  The disclosure of the MOU
has to be made under the consent of the CAC.  We regret to inform you that
our decision of non-disclosure remains unchanged as we have not obtained
the consent of our counterpart.

In accordance with the Guidelines on Interpretation and Application under
the Code, the channel to complain to The Ombudsman is provided below:

30/F, China Merchants Tower

Shun Tak Centre

168-200 Connaught Road Central

Hong Kong

Telephone: (852) 2629 0555

Fax: (852) 2882 8149

We sincerely appeal for your kind understanding of our decision.

Regards,

Miss Stephanie TANG

(for Access to Information Officer)

Innovation, Technology and Industry Bureau

-----Original Message-----
From: Mel Chen <[2][FOI #1470 email]>
Sent: Wednesday, January 3, 2024 4:08 PM
To: Enquiry/ITIB <[3][email address]>
Subject: Re: Freedom of Information request - 要求获取《促進粵港澳大灣區數
據跨境流動的合作備忘錄》全文

Dear Stephanie,

Thank you for your prompt reply.

May I further clarify a couple of things with you so that I get the facts
right?

1) The above-mentioned MoU is not legally binding for ITIB and will not
create new obligations and rights for ITIB.

2) The decision to deny the request for the above-mentioned MoU will be
reported timely to

[4]https://www.access.gov.hk/en/statistics/...

3) An internal review from ITIB will not be conducted to reassess the
disclosure of this MoU. Given that the standard contract pertains only to
southbound data flow, I would have assumed that the sensitivity level
would be lower and merit a separate review of ITIB's previous position
regarding this request.

Yours sincerely,

Mel Chen

-----Original Message-----

Dear Mel Chen,

 I refer to your email dated 13 December 2023 to The Office of the

 Government Chief Information Officer (“OGCIO”), which has been referred
to

 this Bureau on 18 December 2023, requesting for a copy of the Memorandum

 of Understanding on Facilitating Cross-boundary Data Flow Within the

 Guangdong-Hong Kong-Macao Greater Bay Area (“MoU”) signed by the

 Innovation, Technology and Industry Bureau (“ITIB”) and the Cyberspace

 Administration of China (“CAC”).  

 The MoU is of confidential nature and its disclosure will impair the

 relations between the HKSAR Government with the Mainland government.   In

 accordance with paragraph 2.4 of the Code on Access to Information, we

 regret that your request for such information cannot be acceded to.  We

 appreciate your kind understanding.  Separately, as you requested,

 enclosed please find a copy of the Filing Guidelines on the Standard

 Contract for the Cross-boundary Flow of Personal Information Within the

 Guangdong-Hong Kong-Macao Greater Bay Area (Mainland, Hong Kong).  OGCIO

 has prepared a dedicated webpage on information related to the

 facilitation of cross-boundary data flow within the Guangdong-Hong

 Kong-Macao Greater Bay Area

 ([1][5]https://www.ogcio.gov.hk/en/our_work/bus...

 You may wish to check out the details of the facilitation measures from

 the above webpage. 

 You may also send your enquiry related to the subject matter to

 [2][email address] direct.  Thank you.

 Regards,

 Miss Stephanie TANG

 (for Access to Information Officer)

 Innovation, Technology and Industry Bureau

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[6][FOI #1470 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[7]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

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2. mailto:[FOI #1470 email]
3. mailto:[email address]
4. https://www.access.gov.hk/en/statistics/...
5. https://www.ogcio.gov.hk/en/our_work/bus...
6. mailto:[FOI #1470 email]
7. https://accessinfo.hk/en/help/officers

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