The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part III - CODES OF PRACTICE

  1. Approval of codes of practice by Commissioner
  2. Use of approved codes of practice in proceedings under this Ordinance

12. Approval of codes of practice by Commissioner

(1)

Subject to subsections (8) and (9), for the purpose of providing practical guidance in respect of any requirements under this Ordinance imposed on data users, the Commissioner may-

(a)

approve and issue such codes of practice (whether prepared by him or not) as in his opinion are suitable for that purpose; and

(b)

approve such codes of practice issued or proposed to be issued otherwise than by him as in his opinion are suitable for that purpose.

(2)

Where a code of practice is approved under subsection (1), the Commissioner shall, by notice in the Gazette

(a)

identify the code concerned and specify the date on which its approval is to take effect; and

(b)

specify for which of the requirements under this Ordinance the code is so approved.

(3)

The Commissioner may-

(a)

from time to time revise the whole or any part of any code of practice prepared by him under this section; and

(b)

approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section,

and the provisions of subsection (2) shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1).

(4) The Commissioner may at any time withdraw his approval from any code of practice approved under this section.
(5) Where under subsection (4) the Commissioner withdraws his approval from a code of practice approved under this section, he shall, by notice in the Gazette, identify the code concerned and specify the date on which his approval of it is to cease to have effect.


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