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CHAPTER
486
PERSONAL DATA (PRIVACY) ORDINANCE
Part
VIII - EXEMPTIONS
59.
Health
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Personal
data relating to the physical or mental health
of the data subject are exempt from the provisions
of either or both of-
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data protection principle 6 and section
18(1)(b);
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| (b) |
data protection principle 3, in any case
in which the application of those provisions
to the data would be likely to cause serious
harm to the physical or mental health of-
- the data subject; or
- any other individual
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60.
Legal professional privilege
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Personal data are exempt from the provisions
of data protection principle 6 and section 18(1)(b)
if the data consist of information in respect
of which a claim to legal professional privilege
could be maintained in law.
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61.
News
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Personal
data held by a data user-
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whose business, or part of whose business,
consists of a news activity; and
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| (b) |
solely for the purpose of that activity
(or any directly related activity),
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are
exempt from the provisions of-
- data
protection principle 6 and sections 18(1)(b)
and 38(i) unless and until the data are published
or broadcast (wherever and by whatever means);
- sections
36 and 38(b).
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| (2) |
Personal
data are exempt from the provisions of data protection
principle 3 in any case in which-
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the use of the data consists of disclosing
the data to a data user referred to in subsection
(1); and
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such disclosure is made by a person who
has reasonable grounds to believe (and reasonably
believes) that the publishing or broadcasting
(wherever and by whatever means) of the
data (and whether or not they are published
or broadcast) is in the public interest.
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| (3) |
In
this section-
"news activity"
( )
means any journalistic activity and includes-
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the-
- gathering of news;
- preparation or compiling of articles
or programmes concerning news; or
- observations on news or current affairs,
for the purpose of dissemination to the public;
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| (b) |
the dissemination to the public of-
- any article or programme of or concerning
news; or
- observations on news or current affairs.
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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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