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CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part V - ACCESS TO AND CORRECTION
OF PERSONAL DATA
23. Compliance with data
correction request
| (1) |
Subject to subsection (2)
and section 24, a data user who is satisfied that personal
data to which a data correction request relates are
inaccurate shall, not later than 40 days after receiving
the request-
| (a)
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make the necessary correction to those data;
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| (b) |
supply the requestor with a copy of those data
as so corrected; and
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| (c) |
subject to subsection (3), if-
- those data have been disclosed to a third
party during the 12 months immediately preceding
the day on which the correction is made; and
- the data user has no reason to believe that
the third party has ceased using those data
for the purpose (including any directly related
purpose) for which the data were disclosed to
the third party,
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take all practicable steps to supply the third party with
a copy of those data as so corrected accompanied by a
notice in writing stating the reasons for the correction.
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| (2) |
A data user who is unable to comply with subsection
(1) in relation to a data correction request within
the period specified in that subsection shall
| (a)
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before the expiration of that period-
- by notice in writing inform the requestor
that the data user is so unable and of the reasons
why the data user is so unable; and
- comply with that subsection to the extent,
if any, that the data user is able to comply
with that subsection; and
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| (b) |
as soon as practicable after the expiration of
that period, comply or fully comply, as the case
may be, with that subsection.
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| (3) |
A data user is not required to comply with subsection
(1)(c) in any case where the disclosure concerned of
the personal data to the third party consists of the
third party's inspection of a register or other like
document
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in which the data are entered or otherwise recorded;
and
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| (b) |
which is available for inspection by the public,
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but this subsection shall not apply if the third party
has been supplied with a copy, certified by or under
the authority of the data user to be correct, 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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