Compliance
Otter.ai in Hong Kong
Structured issue-spotting for deploying Otter.ai in Hong Kong, read against the rules for that jurisdiction.
- Source
- Rules engine over a generic brief — no anchored quote on this page
- Verified
- Evidence not verified
- Confidence
- Low
Structured issue-spotting to support your own review — not legal advice. Verify against the cited primary sources and your counsel.
01What this reading assumes
- Jurisdiction
- Hong Kong
- Principal framework
- Personal Data (Privacy) Ordinance (Cap. 486). The Ordinance applies to any person who controls the collection, holding, processing or use of personal data, and works through six Data Protection Principles in Schedule 1 covering collection, accuracy and retention, use, security, openness and access. Data processors are not directly regulated: the data user stays responsible and must impose the requirements on its processors by contract or other means. Contravening a Data Protection Principle is not itself an offence, but the Commissioner may issue an enforcement notice and contravening that notice is.
- Delivery assessed
- Enterprise SaaS
- Data leaves the network
- unknown — the deciding question for a hosted product
- Vendor home jurisdiction
- the United States
- Verified vendor positions
- none — every vendor position below is a question, not an assurance
- Rules evaluated
- 27
- Rules fired
- 18
Assumptions about use
- An internal deployment used by employees, not a public-facing product.
- A person reads the output before acting on it — but that is not recorded, so the engine reports it as a gap rather than assuming it.
- No significant automated decision is taken about a person by the system alone.
02Issues to work through
Cross Cutting
Confidentiality duties bind independently of data protection law
Material can be entirely free of personal data and still be the material a contract stops you disclosing. Client retainers, non-disclosure agreements, supplier contracts and common-law duties are the usual sources, and several of them require consent before a third party processes the material at all — which a model API call is.
- Required checks
- Review the confidentiality clauses in the contracts covering the material going into the system.
- Identify any contract requiring notice or consent before a subcontractor processes the material.
- Decide whether the deployment needs a confidentiality carve-out negotiated into new contracts.
- Vendor questions
- Will the vendor accept a confidentiality undertaking beyond its standard terms?
- Which staff at the vendor can access customer content, under what controls?
- Technical controls
- Segregate the most sensitive corpora into an index that the general assistant cannot reach.
Human review required — take this to your counsel
What ends up in a prompt, and where it goes next
Every prompt is a transfer of whatever it contains. Staff paste more than they intend, retrieved context travels with the prompt, and system prompts can often be extracted from the output. Assume anything reaching the model has left your control unless the contract and the architecture say otherwise.
- Required checks
- Write down which categories of information may be entered into a prompt, and tell people.
- Establish what the system prompt contains and whether disclosing it would matter.
- Establish which shadow tools staff are already using; the policy has to name the permitted ones.
- Vendor questions
- Are prompts and completions retained, for how long, and can retention be set to zero?
- Are prompts used for abuse monitoring, and if so who can read them and for how long?
- Technical controls
- Redact or block high-risk patterns before the prompt leaves the application.
- Keep prompt and completion logs out of general-purpose observability tools.
- Set an explicit retention period on prompt logs and enforce it.
The acceptable-use policy may exclude your use case
Acceptable-use policies commonly carve out unsupervised legal, medical and financial advice, decisions about people without human review, and some surveillance and biometric uses. They are incorporated into the contract by reference and change without a signature, so the version that matters is the one live on the day you rely on it.
- Required checks
- Read the acceptable-use policy against your actual use case, not against a summary of it.
- Where a carve-out applies, decide whether human review brings the use back inside the policy.
- Set a reminder to re-read the policy — it changes without notice to you.
- Vendor questions
- Does your acceptable-use policy permit this use case, and will you confirm that in writing?
- How are we notified when the acceptable-use policy changes?
Human review required — take this to your counsel
Being able to reconstruct a decision months later
The question that arrives after a complaint is what the system was shown and what it produced on a particular day. Models change, prompts change, and indexes are rebuilt, so the answer has to be recorded at the time. Without it, the only available response is that the output cannot be reproduced.
- Required checks
- Decide what is recorded per interaction: model and version, prompt template version, retrieved document ids, output, reviewer and outcome.
- Set how long those records are kept, balanced against the retention duties that also apply to them.
- Vendor questions
- Does the vendor pin model versions, and how much notice is given before a model is retired or changed?
- Technical controls
- Version prompt templates in source control and log the version used.
- Log the model identifier and version returned by the provider, not the one you requested.
Vendor documentation has not been verified
We could not verify a data processing agreement, a subprocessor list, a position on training on customer data and a stated processing region for this vendor from a retrieved document. That is a gap in our evidence, not a finding against the vendor: until a document has been fetched and read, nothing here should be treated as settled either way.
- Required checks
- Obtain the current versions of the processing agreement, subprocessor list, security page and any regional-processing commitment.
- Check that what the sales conversation promised also appears in the contract.
- Vendor questions
- Where is your data processing agreement published, and which version applies to us?
- Where is your subprocessor list, and how much notice do we get before it changes?
- Do you train on customer content by default, and where is that stated contractually?
- In which country or region is inference performed, and where are logs retained?
We were not told whether a person reviews the output
Where output influences a decision about a person, the reviewer has to be able to disagree with it. That needs three things a rubber-stamp review lacks: enough information to judge, enough time to judge, and an override that is used often enough to be real. Design it before the volume makes it impossible.
- Required checks
- Name the role that reviews the output and what they see when they do.
- Decide what evidence is retained about each review, so the practice can be shown to exist.
- Set a threshold below which the system must not act without review.
- Vendor questions
- Does the product expose the retrieved context and the confidence behind a suggestion, or only the answer?
- Technical controls
- Show the reviewer the retrieved sources next to the suggestion, not the suggestion alone.
- Record the reviewer’s decision, including overrides, as part of the audit trail.
Human review required — take this to your counsel
An AI deployment creates new copies of the data
Vector indexes, prompt logs, completion caches, evaluation datasets, fine-tuning checkpoints and backups are all copies of the source material in places the existing retention schedule does not mention. Deletion requests are the moment this is discovered, because deleting the source document does not delete its embedding.
- Required checks
- List every store the deployment creates and add each to the retention schedule.
- Establish how a deletion request propagates to the index, the caches and the logs.
- Establish how long backups keep material that has been deleted from the live system.
- Vendor questions
- What does the vendor retain, where, and for how long after we delete our copy?
- Technical controls
- Store the source document id with every embedding so deletion can cascade.
- Set time-to-live on prompt and completion logs rather than relying on manual cleanup.
The vendor’s terms may not permit the deployment you are planning
Provider terms routinely restrict things architectures assume: sharing seats, building a competing service, benchmarking and publishing results, reselling capacity, and processing certain data categories. A consumer or self-serve plan often carries different terms from the enterprise agreement, and the enterprise agreement is the one worth reading.
- Required checks
- Identify which contract actually governs — self-serve terms, an order form, or a negotiated agreement.
- Check restrictions on seat sharing and on service accounts, which a shared internal assistant can breach without anyone noticing.
- Check whether the terms allow the categories of data you intend to send.
- Vendor questions
- Which agreement governs our use, and can we have the current version in writing?
- Are there restrictions on the data categories or the industries we may use the service for?
Hong Kong
DPP4 — all practicable steps to protect the data
DPP4 requires all practicable steps to protect personal data against unauthorised or accidental access, processing, erasure, loss or use, including where a data processor holds it. For a retrieval system that normally means access control that mirrors the source repository, encryption at rest and in transit, and an audit log — and it is the principle the Commissioner reaches for after a breach.
- Required checks
- Confirm retrieval cannot return a document to a user who could not open it at source.
- Confirm encryption at rest for the index, the logs and any model artefacts.
- Confirm there is a tested route to detect and respond to unauthorised access.
- Vendor questions
- What security certifications do you hold, and can we see the current report rather than a badge?
- Which of your staff can access customer content, and under what controls?
- Technical controls
- Enforce document-level permissions at query time, not only at ingestion time.
- Authenticate through the existing identity provider rather than local accounts.
- Keep an access log covering who queried what, retained separately from the application.
DPP3 — a new purpose needs express and voluntary consent
DPP3 prohibits using personal data for a new purpose that is not, or is unrelated to, the purpose for which it was collected, unless the data subject gives express and voluntary consent. This is the provision that decides whether existing client and staff records can be used to power an assistant at all, and it is answered by reading what people were told at collection.
- Required checks
- Retrieve the personal information collection statements actually used for the data in scope.
- Assess whether the AI use is the original purpose, a directly related purpose, or a new one.
- Where it is a new purpose, plan how express consent is obtained — or narrow the corpus.
- Technical controls
- Tag indexed documents with the collection basis so an out-of-scope source is visible.
Human review required — take this to your counsel
Sending personal data out of Hong Kong — a contract question, not a permission question
Section 33 of the PDPO imposes restrictions on cross-border transfers of data, and the PCPD records in its guidance on recommended model contractual clauses that it is not yet in operation. What remains in the meantime is DPP4 security wherever the data sits, DPP2 retention control over the processor, and the PCPD’s recommended model contractual clauses as good practice.
- Required checks
- Map where prompts, documents, embeddings and logs are actually processed and stored.
- Put the PCPD recommended clauses, or equivalent terms, into the agreement with the recipient.
- Record the due diligence you did on the receiving environment, so it exists if asked for.
- Vendor questions
- In which countries is our content processed, stored and backed up?
- Will you accept clauses modelled on the PCPD recommended model contractual clauses?
PCPD Model Framework — AI governance and the level of human oversight
The PCPD’s Artificial Intelligence: Model Personal Data Protection Framework recommends that organisations formulate policies, practices and procedures when they procure, implement and use AI solutions, taking into account its recommended measures in AI strategy and governance, risk assessment and human oversight, customisation of AI models and implementation and management of AI systems, and communication and engagement with stakeholders. It is guidance rather than law.
- Required checks
- Decide who owns AI governance internally and what they sign off before a system goes live.
- Run a risk assessment that sets the level of human oversight for this system, and record it.
- Train the people who will use the system, and record that you did.
- Vendor questions
- What documentation do you provide to support a customer’s own AI risk assessment?
- Technical controls
- Give reviewers the retrieved sources alongside the output so oversight is possible in practice.
DPP1 — collection must be lawful, necessary and not excessive
DPP1 allows personal data to be collected only for a lawful purpose directly related to a function or activity of the data user, and requires the data collected to be necessary and adequate but not excessive for that purpose. Indexing a whole document store for an assistant is a collection decision made at scale, and "we indexed everything because it was easier" is the shape of an excessive-collection finding.
- Required checks
- State the purpose the AI system serves, in the terms the business would defend it in.
- List which repositories are indexed and confirm each is necessary for that purpose.
- Check whether the personal information collection statement given to staff and clients covers this use.
- Technical controls
- Scope the index by folder, label or classification rather than by whole drive.
- Exclude repositories that exist for a different purpose, such as HR files, unless they are in scope deliberately.
PCPD checklist — write the internal generative AI policy
The PCPD’s 2025 checklist is explicit about what an internal policy should cover: which generative AI tools are permitted, the permissible purposes, clear instructions on the types and amounts of information that can be inputted into the Gen AI tools, lawful and ethical use and bias, which devices and which categories of employee may use the tools, AI incident reporting, and the consequences of a violation.
- Required checks
- Name the permitted tools, including whether publicly available tools are allowed at all.
- Say which categories of employee may use them, on which devices.
- Give concrete instructions on what may go into a prompt, with examples rather than principles.
- Add AI incidents to the existing incident response plan and say what an AI incident is.
- Technical controls
- Make the sanctioned tool easier to reach than the unsanctioned one; policy alone does not move behaviour.
DPP2 — accuracy, and no longer than necessary
DPP2 requires all practicable steps to keep personal data accurate and not to keep it longer than is necessary for the purpose it is used for. Where a data processor is engaged, the data user must adopt contractual or other means to ensure the processor complies with the same retention requirement. An AI deployment multiplies the copies: embeddings, prompt logs, cached completions and evaluation sets all fall inside this.
- Required checks
- Add every store the deployment creates to the retention schedule with a stated period.
- Confirm the contract with any processor caps their retention and that you can verify it.
- Decide what "accurate" means for a generated answer, and how a wrong one is corrected at source.
- Vendor questions
- How long do you retain prompts, outputs and logs, and can that be reduced contractually?
- Technical controls
- Set a time-to-live on prompt and completion logs.
- Re-index on a schedule so the assistant does not answer from a superseded document.
Confirm the service is actually offered in Hong Kong
Major model providers publish lists of the countries and territories where they offer access, and Hong Kong is not always on them. This is a procurement question that has to be settled before an architecture is drawn, because the answer changes and because buying through an intermediary does not cure a restriction in the provider’s own terms.
- Required checks
- Check the provider’s current supported-countries page for Hong Kong, and keep a dated copy.
- If buying through a reseller or a cloud marketplace, confirm which entity contracts with you and under which terms.
- Vendor questions
- Is the service offered to a Hong Kong entity, and will you confirm that in writing?
- Which contracting entity would we sign with, and in which jurisdiction is it established?
DPP6 — access and correction, and the log book
DPP6 gives data subjects the right to request access to and correction of their own personal data, with detailed provisions in Part 5 of the Ordinance on manner and timeframe, on when a request may be refused, and on maintaining a log book recording every refusal. A vector index and a prompt log are places that data now lives, and a data access request reaches them.
- Required checks
- Establish how a data access request is answered when the data also sits in an index or a log.
- Establish how a correction propagates from the source document to the index.
- Confirm the refusal log book exists and covers requests touching the AI system.
- Vendor questions
- How do we extract or delete a specific individual’s data from your service, and how long does it take?
- Technical controls
- Keep the source document id on every embedding so a subject can be located across stores.
DPP5 — openness about policies, practices and what you hold
DPP5 requires all practicable steps to make a data user’s personal data policies and practices open, along with the kind of personal data held and the main purposes for holding it. Deploying an assistant over personal data changes the practices, so the published statement has to change with it.
- Required checks
- Update the privacy policy and internal data handling notice to describe the AI processing.
- Say plainly, where people will see it, that an AI system is involved and what it does.
Structured issue-spotting to support your own review — not legal advice. Verify against the cited primary sources and your counsel.
03What this reading does not know
- Whether any of the data falls into a special or sensitive category.
- Whether any material is covered by legal professional privilege.
- Whether prompts or documents leave the company network.
- Whether a person reviews the output before it is acted on.
04Instruments these issues point at
- guidancePCPD AI Model FrameworkPCPD guidance for organisations that procure, implement and use AI, including generative AI. Recommends measures in four areas: AI strategy and governance, risk assessment and human oversight, customisation and management of AI systems, and communication with stakeholders. Adopts a risk-based approach. It is recommended practice, not a statutory obligation.
- guidancePCPD Gen AI ChecklistPCPD checklist for organisations writing an internal policy on employee use of generative AI. Covers the scope of permissible use and permitted tools, what may be entered into a prompt, lawful and ethical use and bias, data security and permitted devices, reporting of AI incidents, and consequences of violations.
- guidancePCPD Cross-border GuidancePCPD guidance prepared to help data users get ready for the eventual commencement of PDPO section 33 and to raise the standard of protection for transfers out of Hong Kong in the meantime. Explains the section 33 conditions and the due-diligence and contractual route.
- guidancePCPD Model Contractual ClausesPCPD guidance offering recommended model contractual clauses for transfers of personal data out of Hong Kong. It records that section 33 of the PDPO is not yet in operation and recommends the clauses as good practice, especially for small and medium-sized enterprises. The document states only a month of publication, so no exact date is recorded.
- guidancePCPD Ethical AI GuidancePCPD guidance from August 2021 on complying with the PDPO when developing or using AI. Sets three data stewardship values and seven ethical principles, including accountability, human oversight, transparency and interpretability, data privacy and fairness, and describes an AI governance and risk-assessment practice. The document states only a month of publication, so no exact date is recorded.
- statutePDPOHong Kong’s general data protection statute. Six Data Protection Principles govern collection, accuracy and retention, use, security, openness, and access and correction. Data processors are not directly regulated; the data user must impose the requirements by contract. Section 33, restricting transfers outside Hong Kong, has never been brought into operation.
05Vendor documents being watched
- Pricinghttps://otter.ai/pricingnot yet fetched
- Privacy policyhttps://otter.ai/privacy-policynot yet fetched
- Terms of servicehttps://otter.ai/terms-of-servicenot yet fetched
06Ask about your own deployment
This page reads the rules against a generic organisation. Your size, industry, data and existing contracts change which of these issues matter and which fall away.