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Key Features of the Code
Current Employment
- On appointment, an employer
may collect additional personal data from an employee and his family members
for the purpose of employment, or to fulfil lawful requirements that regulate
the affairs of the employer.
- Before personal data
are collected from an employee, an employer should provide the employee with
a Personal Information Collection Statement ("PICS") pertaining to employment.
The PICS should inform the employee about the purposes for which the data
are to be used, the classes of persons to whom these data may be transferred
and the rights of the employee to request access to, and to request correction
of, the employment-related data.
- Information compiled
about an employee in the process of disciplinary proceedings, performance
appraisal or promotion planning should only be used for purposes directly
related to the process concerned. The information should not be disclosed
to a third party unless such party has legitimate reasons for gaining access
to those data.
- An employer should not
disclose employment-related data of employees to a third party without first
obtaining the employees' consent unless the disclosure is for purposes directly
related to the employment, or such disclosure is required by law or by statutory
authorities.
- When employment-related
data are transferred or disclosed to a third party, an employer should avoid
disclosure of data in excess of that necessary for the purpose of use by the
third party.
- An employer who engages
a third party organisation to handle its employment-related functions should
implement appropriate measures to ensure that the third party protects the
employment-related data against unauthorised or accidental access or disclosure.
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Notice/
Copyright 2001 Office of the Privacy Commissioner for Personal
Data, Hong Kong. All rights reserved. Disclaimer
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