Extract
Personal Data (Privacy) Ordinance - Chapter 486
PERSONAL DATA (PRIVACY) ORDINANCE - LONG TITLE
Long title VerDate:30/06/1997 An Ordinance to protect the privacy of individuals in relation to personal data, and to provide for matters incidental thereto or connected therewith. (Enacted 1995) [Part II, section 71 (as affects Schedule 2) and Schedule 2 The other provisions,excluding sections 30 and 33 Section 30 } 1 August 1996 L.N. 343 of 1996 20 December 1996 L.N. 514 of 1996 1 August 1997 L.N. 409 of 1997] (Originally 81 of 1995) PERSONAL DATA (PRIVACY) ORDINANCE - SECT 1 Short title and commencement VerDate:01/07/2007 For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution. PART I PRELIMINARY (1) This Ordinance may be cited as the Personal Data (Privacy) Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Constitutional and Mainland Affairs by notice in the Gazette. (Amended L.N. 130 of 2007) (Enacted 1995) PERSONAL DATA (PRIVACY) ORDINANCE - SECT 1 Short title and commencement VerDate:30/06/1997 PART I PRELIMINARY (1) This Ordinance may be cited as the Personal Data (Privacy) Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Home Affairs by notice in the Gazette. (Enacted 1995) PERSONAL DATA (PRIVACY) ORDINANCE - SECT 2 Interpretation VerDate:01/12/2006 (1) In this Ordinance, unless the context otherwise requires- "act" includes a deliberate omission; "adverse action" , in relation to an individual, means any action that may adversely affect the individual's rights, benefits, privileges, obligations or interests (including legitimate expectations); "appointed day" means the day appointed under section 1(2); "approved code of practice" means a code of practice approved under section 12; "code of practice" includes- (a) a standard; (b) a specification; and (c) any other documentary form of practical guidance; "Commissioner" means the Privacy Commissioner for Personal Data established under section 5(1); "Committee" means the Personal Data (Privacy) Advisory Committee established under section 11(1); "complainant" means the individual, or the relevant person on behalf of an individual, who has made a complaint; "complaint" means a complaint under section 37; "correction" , in relation to personal data, means rectification, erasure or completion; "daily penalty" means a penalty for each day on which the offence is continued after conviction therefor; "data" means any representation of information (including an expression of opinion) in any document, and includes a personal identifier; "data access request" means a request under section 18; "data correction request" means a request under section 22(1); "data protection principle" means any of the data protection principles set out in Schedule 1; "data subject" , in relation to personal data, means the individual who is the subject of the data; "data user" , in relation to personal data, means a person who, either alone or jointly or in common with other persons, controls the collection, holding, processing or use of the data; "data user return" means a data user return referred to in section 14(4); "disclosing" , in relation to personal data, includes disclosing information inferred from the data; "document" includes, in addition to a document in writing- (a) a disc, tape or other device in which data other than visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the disc, tape or other device; and (b) a film, tape or other device in which visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the film, tape or other device; "employment" means employment under- (a) a contract of service or of apprenticeship; or (b) a contract personally to execute any work or labour, and related expressions shall be construed accordingly; "enforcement notice" means a notice under section 50(1); "financial regulator" means any of- (a) the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap 66); (b) the Securities and Futures Commission referred to in section 3(1) of the Securities and Futures Ordinance (Cap 571); (Replaced 5 of 2002 s. 407) (c) a recognized clearing house, a recognized exchange company, a recognized exchange controller or a recognized investor compensation company within the meaning of section 1 of Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap 571); (Replaced 5 of 2002 s. 407) (d) a person authorized under Part III of the Securities and Futures Ordinance (Cap 571) to provide automated trading services as defined in Schedule 5 to that Ordinance; (Replaced 5 of 2002 s. 407) (e)-(ea) (Repealed 5 of 2002 s. 407) (f) the Insurance Authority appointed und...See the full content of this document