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CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part VIII - EXEMPTIONS
55. Relevant process
| (1) |
Personal data the subject
of a relevant process are exempt from the provisions
of data protection principle 6 and section 18(1)(b)
until the completion of that process.
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| (2) |
In this section-
"completion"in relation to a relevant process, means
the making of the determination concerned referred to
in paragraph (a) of the definition of "relevant process";
"relevant process"
| (a)
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subject to paragraph (b), means any process whereby
personal data are considered by one or more persons
for the purpose of determining, or enabling there
to be determined-
- the suitability, eligibility or qualifications
of the data subject for-
(A) employment or appointment to office;
(B) promotion in employment or office or continuance
in employment or office;
(C) removal from employment or office; or
(D) the awarding of contracts, awards (including
academic and professional qualifications), scholarships,
honours or other benefits;
- whether any contract, award (including academic
and professional qualifications), scholarship,
honour or benefit relating to the data subject
should be continued, modified or cancelled;
or
- whether any disciplinary action should be
taken against the data subject for a breach
of the terms of his employment or appointment
to office;
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| (b) |
does not include any such process where no appeal,
whether under an Ordinance or otherwise, may be
made against any such determination.
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Data, Hong Kong. All rights reserved. Disclaimer
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