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Appendix II
Personal Data (Privacy)
Ordinance
Cap. 486
(Schedule 1)
Sections 26,57(1)
& 58(1)
26. Erasure of personal data
no longer required
| (1) |
A data user shall
erase personal data held by the data user where the data are no longer
required for the purpose (including any directly related purpose) for
which the data were used unless -
| (a) |
any
such erasure is prohibited under any law; or |
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| (b) |
it is in the public interest
(including historical interest) for the data not to be erased.
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| (2) |
For the avoidance
of doubt, it is hereby declared that -
| (a) |
a
data user shall erase personal data in accordance with subsection
(1) notwithstanding that any other data user controls (whether in
whole or in part) the processing of the data; |
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| (b) |
the first-mentioned
data user shall not be liable in an action for damages at the suit
of the second-mentioned data user in respect of any such erasure.
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57. Security, etc. in respect
of Hong Kong
| (1) |
Personal data held by or on
behalf of the Government for the purposes of safeguarding security, defence
or international relations in respect of Hong Kong are exempt from the
provisions of data protection principle 6 and section 18(1)(b) where the
application of those provisions to the data would be likely to prejudice
any of the matters referred to in this subsection.
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58. Crime, etc.
| (1) |
Personal data held
for the purposes of -
| (a) |
the
prevention or detection of crime; |
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| (b) |
rthe
apprehension, prosecution or detention of offenders;
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| (c) |
the assessment or collection of any tax or duty; |
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| (d) |
the
prevention, preclusion or remedying (including punishment) of unlawful
or seriously improper conduct, or dishonesty or malpractice, by persons; |
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| (e) |
the
prevention or preclusion of significant financial loss arising from-
- any imprudent
business practices or activities of persons; or
- unlawful
or seriously improper conduct, or dishonesty or malpractice, by
persons;
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| (f) |
ascertaining
whether the character or activities of the data subject are likely
to have a significantly adverse impact on any thing -
- yo
which the discharge of statutory functions by the data user relates;
or
- which
relates to the discharge of functions to which this paragraph
applies by virtue of subsection (3); or
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| (g) |
discharging
functions to which this paragraph applies by virtue of subsection
(3), |
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are
exempt from the provisions of data protection principle 6 and section
18(1)(b) where the application of those provisions to the data would
be likely to -
- prejudice
any of the matters referred to in this subsection; or
- directly
or indirectly identify the person who is the source of the data.
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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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