This is a small section of our software to help you decide whether data that you hold are considered to be Personal Data under the Personal Data (Privacy) Ordinance of Hong Kong and, if they are, to check whether they may be exempt from some provisions of the Ordinance . . .

 
Evaluate some data: Are they 'personal data' within
the meaning of the Ordinance? . . . BEGIN

 

 

 

 

 

 

 

 

 

 

 

Question 1: are the data about a living individual?

Yes No  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Question 2: from all the data that you hold about the individual, would it be reasonably practicable to work out their identity?

Yes No  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Question 3: is it reasonably practicable to get at and process the data?
This question applies to the data user and staff, not outsiders. In other words, it asks "how organised is the method of retrieval?"

Data stored off-line on an archive or backup tape for record-keeping purposes only, where there is no plan to restore them and begin using them again, would probably not be considered 'reasonably practicable' to access. Nor, probably, would correspondence files unless they had a well-organised indexing system, allowing easy location of documents referring to one individual.

Yes
No 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 
These data are classifiable as 'personal data' under the Ordinance.

That means that you must comply with the Data Protection Principles unless your personal data meet some specified conditions.


To find out if they are exempt
under the Ordinance . . .
  please continue   

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