PCPD - PCPD 2006-2007 Annual Report

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Changes to the Personal Data (Privacy) Ordinance

By the Interception of Communications and Surveillance Ordinance (No. 20 of 2006), the following amendments were made to the Personal Data (Privacy) Ordinance:

A new paragraph 58A was added:

"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 (Cap 589);
"prescribed authorization" （訂明授權） has the meaning assigned to it by section 2(1) of the Interception of Communications and Surveillance Ordinance (Cap 589);
"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 (Cap 589);
"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 (Cap 589); 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)."

The above amendments came into force with effect from 9 August 2006.

By the Financial Reporting Council Ordinance (No.18 of 2006), the following amendments were made to the Personal Data (Privacy) Ordinance:

A new paragraph (gb) under section 2(1) in the definition of "financial regulator" was added:

"(gb) the Financial Reporting Council established by section 6(1) of the Financial Reporting Council Ordinance (Cap 588);"

The above amendments came into force with effect from 1 December 2006.