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The Ordinance
The Ordinance (Full Text)

 

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VIII - EXEMPTIONS

51. Interpretation

Where any personal data are exempt from any provision of this Ordinance by virtue of this Part, then, in respect of those data and to the extent of that exemption, that provision neither confers any right nor imposes any requirement on any person, and the other provisions of this Ordinance which relate (whether directly or indirectly) to that provision shall be construed accordingly.

52. Domestic purposes

Where, following the completion of an investigation, the Commissioner is of the opinion that the relevant data user-

(a)

concerned only with the management of his personal, family or household affairs; or

(b)

so held only for recreational purposes, are exempt from the provisions of the data protection principles, Parts IV and V and sections 36 and 38(b).

53. Employment-staff planning

Personal data which consist of information relevant to any staff planning proposal to

(a)

fill any series of positions of employment which are presently, or may become, unfilled; or

(b)

cease any group of individuals' employment, are exempt from the provisions of data protection principle 6 and section 18(1)(b).

54. Employment-transitional provisions

(1)

Personal data-

(a)

held by a data user-

  1. immediately before the appointed day;
  2. who is the employer of the data subject; and
  3. relating to the employment of the subject; and
(b)

provided by an individual on the implicit or explicit condition that the subject would not have access to the data, are exempt from the provisions of data protection principle 6 and section 18(1)(b) until the expiration of 7 years immediately following the enactment of this Ordinance.

(2)

Personal data-

(a)

to which subsection (1)(a) applies; or

(b)

held by a data user-

  1. but not so held at any time before the appointed day;
  2. who is the employer of the data subject; and
  3. relating to the employment of the subject,

are exempt from the provisions of data protection principle 6 and section 18(1)(b) until 1 July 1996.

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