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CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part VIII - EXEMPTIONS
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Personal
data
held
for
the
purposes of-
| (a) |
the prevention or detection of crime;
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| (b) |
the 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-
- to 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
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- 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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| (1A) |
In
subsection (1)(c), "tax" (稅項) includes any tax of a territory outside
Hong Kong if –
| (a) |
arrangements having effect under section 49(1A) of
the Inland Revenue Ordinance (Cap.112) are made with the government of
that territory; and
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| (b) |
that tax is the subject of a provision of the
arrangements that requires disclosure of information concerning tax of
that territory. (Added 1 of 2010 s. 9)
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| (2) |
Personal
data
are
exempt
from
the provisions of data protection principle 3 in
any case in which-
| (a) |
the use of the data is for any of the purposes
referred to in subsection (1) (and whether or not the data are held for
any of those purposes); and
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| (b) |
the application of those provisions in relation to
such use would be likely to prejudice any of the matters referred to in
that subsection,
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and
in any proceedings against any person for a contravention of any of
those provisions it shall be a defence to show that he had reasonable
grounds for believing that failure to so use the data would have been
likely to prejudice any of those matters.
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| (3) |
Paragraphs
(f)(ii)
and
(g)
of
subsection (1) apply to any functions of a financial
regulator-
| (a) |
for protecting members of the public against
financial loss arising from-
- dishonesty, incompetence, malpractice or
seriously improper conduct by persons-
(A) concerned in the provision of banking, insurance, investment or
other financial services;
(B) concerned in the management of companies;
(BA) concerned in the administration of provident fund schemes
registered under the Mandatory Provident Fund Schemes Ordinance (Cap.
485);
(C) concerned in the management of occupational retirement schemes
within the meaning of the Occupational Retirement Schemes Ordinance
(Cap. 426); or
(D) who are shareholders in companies; or
- the conduct of discharged or undischarged
bankrupts;
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| (b) |
for maintaining or promoting the general stability
or effective working of any of the systems which provide any of the
services referred to in paragraph (a)(i)(A); or
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| (c) |
specified for the purposes
of this subsection in a notice under subsection (4). |
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| (4) |
For the purposes of
subsection (3), the Chief Executive may, by notice in the Gazette,
specify a function of a financial regulator. (Amended 34 of 1999 s.3)
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| (5) |
It is
hereby declared that-
| (a) |
subsection (3) shall not operate to prejudice the
generality of the operation of paragraphs (a), (b), (c), (d) and (f
)(i) of subsection (1)in relation to a financial regulator;
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| (b) |
a notice under subsection (4) is subsidiary
legislation.
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| 58A.
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Protected product and relevant
records
under Interception of Communications
and Surveillance Ordinance |
| (1) |
A
personal data system is exempt from the provisions of this Ordinance to
the extent that it is used by a data user for the collection, holding,
processing or use of personal data which are, or are contained in,
protected product or relevant records.
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| (2) |
Personal data which are, or are contained in, protected
product or relevant records are exempt from the provisions of this
Ordinance. |
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| (3) |
In this section --- |
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"device retrieval warrant"
(¾¹§÷¨ú¥X¤â¥O)
has the meaning assigned to it by section 2(1) of the Interception of
Communications and Surveillance Ordinance (20 of 2006); |
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"prescribed authorization"
(q©ú±ÂÅv) has the meaning assigned
to it by section 2(1) of the Interception of Communications and
Surveillance Ordinance (20 of 2006); |
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"protected product"
(¨ü«OÅ@¦¨ªG) has the meaning
assigned to it by section 2(1) of the Interception of Communications
and Surveillance Ordinance (20 of 2006); |
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"relevant records"
(¦³Ãö¬ö¿ý) means
documents and records relating to --- |
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| (a) |
any
application
for
the
issue
or renewal of any prescribed
authorization or device retrieval warrant under the Interception of
Communications and Surveillance Ordinance (20 of 2006); or
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| (b) |
any
prescribed
authorization
or
device
retrieval warrant issued or renewed
under that Ordinance (including anything done pursuant to or in
relation to such prescribed authorization or device retrieval warrant).
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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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