Amended Data Access Request Form takes effect

1.    The amended Data Access Request Form (the Form) published by the Privacy Commissioner for Personal Data, Mr. Roderick B. Woo in the Government Gazette on 4 January is effective today (1 April).

2.    Under section 18 of the Personal Data (Privacy) Ordinance (the Ordinance), an individual has the right to make a request to be informed by a data user, e.g. government department or private organization, whether the data user holds his personal data and to be supplied with a copy of such data.  The data user shall respond not later than 40 days after receiving the request by complying with or refusing to comply with (conditions in section 20 of the Ordinance being satisfied) the request.  Failure to do so may constitute an offence and an offender is liable on conviction to a maximum penalty of $10,000 (a fine at level 3) under section 64(10) of the Ordinance.

3.    From the amended Form, the public and organizations can clearly know the scope of a data access request, as well as their rights and responsibilities. A data access request may be refused if it is not made in the amended Form.  The completed Form, either in Chinese or in English, should be sent directly to the data user concerned for processing.

4.    The amended Form is available for download from the website of the PCPD (www.pcpd.org.hk/english/publications/infor_booklet.html).  Copies are also available from the office of the PCPD (12/F., 248 Queen’s Road East, Wan Chai, Hong Kong) or various District Offices.


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