Whether the collection of genetic information is covered by the Personal Data (Privacy) Ordinance (¡§the Ordinance¡¨).

Q: We are a biotechnology company and are planning to start a business in Hong Kong to collect human genetic information for commercial use. The plan is to collect DNA (through mouth swap or human disease samples) and the correlated patient information in Hong Kong. The question is whether the collection of genetic information is covered by the Ordinance.

A: The term "personal data" is defined in section 1(2) of the Ordinance as meaning any data relating directly or indirectly to a living individual from which it is practicable for the identity of the individual to be directly or indirectly ascertained and which is in a form whereby access to or processing of the data is practicable.

On the basis of the above definition, so long as the genetic information concerned is in a recorded form and contains identifying particulars of living individuals, it will fall within the definition of "personal data" and accordingly be subject to the requirements of the Ordinance.