|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.
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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
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