Data Protection Principle 1:
How to collect

Original Ordinance wording:
   (1)  Personal data shall not be collected unless— 
        (a) the data are collected for a lawful purpose directly related  
            to a function or activity of the data user who is to use the  
            data; 
        (b) subject to paragraph (c), the collection of the data is  
            necessary for or directly related to that purpose; and 
        (c) the data are adequate but not excessive in relation to that  
            purpose.  
   (2)  Personal data shall be collected by means which are—
        (a) lawful; and 
        (b) fair in the circumstances of the case.  
   (3)  Where the person from whom personal data are or are to be 
collected is the data subject all practicable steps shall be taken to ensure that—
        (a) he is explicitly or implicitly informed, on or before  
            collecting the data, of— 
              (i) whether it is obligatory or voluntary for him to  
                  supply the data; and 
             (ii) where it is obligatory for him to supply the data, the  
                  consequences for him if he fails to supply the data;  
                  and 
        (b) he is explicitly informed— 
              (i) on or before collecting the data, of— 
                  (A) the purpose (in general or specific terms) for  
                      which the data are to be used; and 
                  (B) the classes of persons to whom the data may be  
                      transferred; and 
             (ii) on or before first use of the data for the purpose for  
                  which they were collected, of— 
                  (A) his rights to request access to and to request the  
                      correction of the data, and 
                  (B) the name and address of the individual to whom any  
                      such request may be made, 
unless to comply with the provisions of this subsection would be likely 
to prejudice the purpose for  which the data were collected and that 
purpose is specified in Part VIII of this Ordinance as a  purpose in 
relation to which personal data are exempt from the provisions of data 
protection principle 6. 

 

 

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