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Objectives
Scope of Coverage
Commencement of Ordinance
Implications for
Data Users and Data Subjects
The Privacy Commissioner
for Personal Data
Exemptions
Data Protection
Principles
Offences and Compensation
Objectives
The
purpose of the Ordinance is to protect the privacy interests
of living individuals in relation to personal data.
It also contributes to Hong Kong's continued economic
well being by safeguarding the free flow of personal
data to Hong Kong from restrictions by countries that
already have data protection laws.
Scope
of Coverage
The
Ordinance covers any data relating directly or indirectly
to a living individual (data subject), from which it
is practicable to ascertain the identity of the individual
and which are in a form in which access or processing
is practicable. It applies to any person (data user)
that controls the collection, holding, processing or
use of personal data.
Commencement
of Ordinance
The
Ordinance was brought into force on 20th December 1996.
Implications
for Data Users and Data Subjects
Data users must follow the fair information practices
stipulated in the data protection principles in Schedule
1 of the Ordinance.
The
Ordinance gives rights to data subjects. They have the
right to confirm with data users whether their personal
data are held, to obtain a copy of such data, and to
have personal data corrected. Any charge for providing
a copy of personal data to a data subject may not be
excessive. They may complain to the Privacy Commissioner
for Personal Data about a suspected breach of the Ordinance's
requirements and claim compensation for damage caused
to them as a result of a contravention of the Ordinance
through civil proceedings.
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