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Legal Work

Changes to the Personal Data (Privacy) Ordinance

(1)

By the operation of Schedule 3 to the Human Reproductive Technology Ordinance, Cap.561 on 1 August 2007, the following new section 63A was added to the Personal Data (Privacy) Ordinance: -

"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 (Cap 561) 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."
   

(2)

By the resolution made and passed by the Legislative Council under section 54A of the Interpretation and General Clauses Ordinance (Cap.1) on 14 June 2007, with effect from 1 July 2007, reference to "Secretary for Home Affairs" in the following sections of the Personal Data (Privacy) Ordinance have been substituted by "Secretary for Constitutional and Mainland Affairs": -

(1) Section 1(2);
(2) Section 11(2)(b);
(3) Section 11(3);
(4) Section 11(4);
(5) Section 14(6);
(6) Section 70(1);
(7) Section 2(2) of Schedule 2;
(8) Section 2(3) of Schedule 2; and
(9) Section 3(2) of Schedule 2.
 

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