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Topical Issues & FAQ

[Your Personal Data Privacy Rights]


[Question] What are personal data?
[Answer] Personal data are recorded information, including expressions of opinion, relating to an identifiable living individual, which are organised such that they can be processed or retrieved. Examples of personal data used in everyday life include a person's name, telephone number, fax number, address, sex, age, occupation, marital status, salary and financial status, religious belief, nationality, photo, identity card number, medical records and employment records, including assessments of employment performance.
 
[Question] Do personal data refer to personal data in written documents only?
[Answer] No, apart from written documents, personal data in other forms, such as audio and video tapes, is also covered under the Ordinance.
 
[Question] Does the Ordinance cover personal information held in both manual and computer files?
[Answer] Yes, the Ordinance covers personal information in any type of storage system, subject to it meeting the definition of personal data.
 
[Question] Are my rights relating to personal data protected in every sphere of life?
[Answer]

Basically yes, but there are certain exemptions from specific provisions of the Ordinance. These have been provided for in order to maintain the convenience of everyday life and uphold certain social and public interests. One area of exemption relates to personal data held for domestic or recreational purposes. These are generally exempted from the requirements of the Ordinance.

To protect the public interest in such matters as security, defence, prevention or detection of crime, assessment or collection of tax, news activities and health, there are exemptions for data users from the requirements to grant access to individuals to their personal records and to limit the use of personal records to the original purpose at the time of the collection of information.

For employment-related records, there are certain limited exemptions from the requirement to comply with access requests from individuals. For example, some employment-related personal information held before the Ordinance came into effect is exempt from such access until 2002.

 
[Question] Does the Ordinance cover private and public sector organisations, including Government departments?
[Answer] Yes, the Ordinance covers private sector and public sector, including Government departments. The Commissioner can carry out investigations in relation to data users in these sectors.

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