foot of this list of contents
| This is a text of
the Hong Kong Personal Data (Privacy) Ordinance, using hypertext (click and jump) technology
to allow for rapid referencing and cross reference. For information
about the conventions adopted in setting this out, please refer
to the separate page that describes this guide. We do urge you to look
through this before using this hypertext document for the first time. If you are not familiar with the term "hypertext", it refers to the underlined words like the phrase above: "Click here to jump to the foot of this list of contents". If you click on them with your mouse pointer, another part of the document will immediately appear. This makes it very easy to cross refer in the course of reading, without waiting to find another page. There is a 'back' button at the top of your browser screen that will then return you to the point where you left off. Words and terms having a precise and defined meaning have a hypertext link to the formal definition in the Ordinance, wherever they appear (either in our text, or the original). Cross-references can be read immediately. Every reference to a specific paragraph, section, subsection or Part is linked to the text referred to, so using your browser, you can jump to a reference, read it and go back to where you started from. The full English text of the Ordinance is included. Chinese phrases included in the English version of the Ordinance are also here. You will see them as special symbols and accented leters unless your computer is set up to display Chinese characaters. Click with your mouse cursor on any of the underlined phrases below to be taken to the corresponding point in the Ordinance. This document works well with most browsers, but it looks best with Netscape 2 and above, or MS Internet Explorer 2. (The latest test version of MS Explorer 3 available at the time of completion of this, beta 2, did not handle font colour changes in the same way as Explorer 2 or Netscape.) |
 |
Ord. No. 81 of 1995 PERSONAL DATA (PRIVACY)
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Application
4. Data protection principles
PART II
ADMINISTRATION
5. Establishment, etc. of Privacy Commissioner
for Personal Data
6. Commissioner to hold no other office
7. Filling of temporary vacancy
8. Functions and powers of Commissioner
9. Staff of Commissioner, etc.
10. Delegations by Commissioner
11. Establishment of Personal Data (Privacy)
PART III
CODES OF PRACTICE
12. Approval of codes of practice by Commissioner
13. Use of approved codes of practice in
proceedings under this Ordinance
PART IV
DATA USER RETURNS AND REGISTER OF DATA USERS
14. Data user returns
15. Register of data users
16. Inspection of register
17. Register shall not limit, etc. operation of
this Ordinance
PART V
ACCESS TO AND CORRECTION OF PERSONAL DATA
18. Data access request
19. Compliance with data access request
20. Circumstances in which data user shall or may
refuse to comply with data access request
21. Notification of refusal to comply with data
access request
22. Data correction request
23. Compliance with data correction request
24. Circumstances in which data user shall or may
refuse to comply with data correction request
25. Notification of refusal to comply with data
correction request, etc.
26. Erasure of personal data no longer
required
27. Log book to be kept by data user
28. Imposition of fees by data user
29. Service and language of certain notices
PART VI
MATCHING PROCEDURES AND TRANSFERS
OF PERSONAL DATA, ETC
30. Matching procedure not to be carried out
except with consent of data subject, etc.
31. Matching procedure request
32. Determination of matching procedure request
33. Prohibition against transfer of personal
data to place outside Hong Kong except in
specified circumstances
34. Use of personal data in direct marketing
35. Repeated collections of personal data in
same circumstances
PART VII
INSPECTIONS, COMPLAINTS AND INVESTIGATIONS
36. Inspections of personal data systems
37. Complaints
38. Investigations by Commissioner
39. Restrictions on investigations initiated
by complaints
40. Commissioner may carry out or continue
investigation initiated by complaint
notwithstanding withdrawal of complaint
41. Commissioner to inform relevant data user
of inspection or investigation
42. Power of entry on premises for the purposes
of an inspection or investigation
43. Proceedings of Commissioner
44. Evidence
45. Protection of witnesses, etc.
46. Commissioner, etc. to maintain secrecy
47. Persons to be informed of result of
inspection or investigation
48. Reports by Commissioner
49. Cases in which sections 47 and 48 shall not
apply
50. Enforcement notices
PART VIII
EXEMPTIONS
51. Interpretation
52. Domestic purposes
53. Employment - staff planning
54. Employment - transitional provisions
55. Relevant process
56. Personal references
57. Security, etc. in respect of Hong Kong
58. Crime, etc.
59. Health
60. Legal professional privilege
61. News
62. Statistics and research
63. Exemption from section 18(1)(a)
PART IX
OFFENCES AND COMPENSATION
64. Offences
65. Liability of employers and principals
66. Compensation
PART X
MISCELLANEOUS
67. Power of Commissioner to specify forms
68. Service of notices
69. Regulations - fees
70. Regulations - general
71. Amendment of Schedules 2, 4 and 6
Consequential amendments
Prevention of Bribery Ordinance
72. Public bodies
Administrative Appeals Board Ordinance
73. Schedule amended
Schedule 1 Data protection principles
Schedule 2 Finances, etc. of commissioner
Schedule 3 Prescribed information
Schedule 4 Provisions of Ordinances under which
matching procedures are required or
permitted
Schedule 5 Prescribed matters
Schedule 6 Warrants authorizing Privacy Commissioner
for Personal Data to enter premises
head of this list of contents
|
For consulting on compliance with the Personal Data (Privacy) Ordinance or creative help with business planning, information technology, project management and the Internet please contact us. |