Personal data are exempt from the provisions of data
protection principle 3 where-
(a)
the data are to be used for preparing statistics
or carrying out research;
(b)
the data are not to be used for any other purpose;
and
(c)
the resulting
statistics or results of the research are not made
available in a form which identifies the data subjects
or any of them.
63.
Exemption from section 18(1)(a)
Where a data access request relates to personal data
which are or, if the data existed, would be exempt from
section 18(1)(b) by virtue of section 57 or 58, then
the data are also exempt from section 18(1)(a) if the
interest protected by that exemption would be likely
to be prejudiced by the disclosure of the existence
or non-existence of those data.
63A.
Human embryos, etc.
(1)
Personal data which consist of information showing that an identifiable individual was, or may have been, born in consequence of a reproductive technology procedure within the meaning of the Human Reproductive Technology Ordinance (47 of 2000) are exempt from the provisions of data protection principle 6 and section 18(1)(b) except so far as their disclosure under those provisions is made in accordance with section 33 of that Ordinance.
(2)
Where a data access request relates to personal data which are or, if the data existed, would be exempt from section 18(1)(b) by virtue of subsection (1), then the data are also exempt from section 18(1)(a) if the interest protected by that exemption would be likely to be prejudiced by the disclosure of the existence or non-existence of the data.
