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The Ordinance
The Ordinance (Full Text)
 

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

 

Part VIII - EXEMPTIONS
58.

Crime, etc

 

(1)

Personal data held for the purposes of-

(a)

the prevention or detection of crime;

   
(b)

the apprehension, prosecution or detention of offenders;

   
(c) the assessment or collection of any tax or duty;
   
(d) the prevention, preclusion or remedying (including punishment) of unlawful or seriously improper conduct, or dishonesty or malpractice, by persons;
   
(e)

the prevention or preclusion of significant financial loss arising from-

  1. any imprudent business practices or activities of persons; or
  2. unlawful or seriously improper conduct, or dishonesty or malpractice, by persons;
   
(f)

ascertaining whether the character or activities of the data subject are likely to have a significantly adverse impact on any thing-

  1. to which the discharge of statutory functions by the data user relates; or
  2. which relates to the discharge of functions to which this paragraph applies by virtue of subsection (3); or
   
(g)

discharging functions to which this paragraph applies by virtue of subsection (3), 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

  1. prejudice any of the matters referred to in this subsection; or
  2. directly or indirectly identify the person who is the source of the data.
   
(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

   
(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,

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.

   
(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-

  1. 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

  2. the conduct of discharged or undischarged bankrupts;
   
(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

   
(c) specified for the purposes of this subsection in a notice under subsection (4).
   
(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)
   
(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;

   
(b)

a notice under subsection (4) is subsidiary legislation.

58A. 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.
 
(2) Personal data which are, or are contained in, protected product or relevant records are exempt from the provisions of this Ordinance.
 
(3) In this section ---
 
  "device retrieval warrant" (器材取出手令) has the meaning assigned to it by section 2(1) of the Interception of Communications and Surveillance Ordinance (20 of 2006);
 
  "prescribed authorization" (訂明授權) has the meaning assigned to it by section 2(1) of the Interception of Communications and Surveillance Ordinance (20 of 2006);
 
  "protected product" (受保護成果) has the meaning assigned to it by section 2(1) of the Interception of Communications and Surveillance Ordinance (20 of 2006);
 
  "relevant records" (有關紀錄) means documents and records relating to ---
 
 
(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
   
(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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