Personal Data Privacy Ordinance

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486

PERSONAL DATA (PRIVACY) ORDINANCE Long title

Gazette Number Version Date 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

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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) Part: I PRELIMINARY 30/06/1997 (Enacted 1995) Section: 1 Short title and commencement L.N. 130 of 2007 01/07/2007

Remarks: 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. (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) Section: 2 Interpretation 18 of 2012 01/10/2012

(1) In this Ordinance, unless the context otherwise requires"act" (作為) includes a deliberate omission; "adverse action" (不利行動), 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" (指定日) means the day appointed under section 1(2); "approved code of practice" (核准實務守則) means a code of practice approved under section 12; change notice ( 變更通知 ) means a notice served on the Commissioner under section 14(8) and, if applicable, corrected under section 14A(5); (Added 18 of 2012 s. 3) "code of practice" (實務守則) includes(a) a standard; (b) a specification; and (c) any other documentary form of practical guidance; "Commissioner" (專員) means the Privacy Commissioner for Personal Data established under section 5(1); "Committee" (諮詢委員會) means the Personal Data (Privacy) Advisory Committee established under section 11(1); "complainant" (投訴人) means the individual, or the relevant person on behalf of an individual, who has made a complaint;

Cap 486 - PERSONAL DATA (PRIVACY) ORDINANCE

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"complaint" (投訴) means a complaint under section 37; "correction" (改正), in relation to personal data, means rectification, erasure or completion; "daily penalty" (每日罰款) means a penalty for each day on which the offence is continued after conviction therefor; "data" (資料) means any representation of information (including an expression of opinion) in any document, and includes a personal identifier; "data access request" (查閱資料要求) means a request under section 18; "data correction request" (改正資料要求) means a request under section 22(1); "data protection principle" (保障資料原則) means any of the data protection principles set out in Schedule 1; "data subject" (資料當事人), in relation to personal data, means the individual who is the subject of the data; "data user" (資料使用者), 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 (資料使用者申報表) means a return submitted to the Commissioner under section 14(4) and, if applicable, corrected under section 14A(5); (Replaced 18 of 2012 s. 3) "disclosing" (披露), in relation to personal data, includes disclosing information inferred from the data; "document" (文件) 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;...
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