The Ordinance
Codes of Practice on Human Resource Management Compliance Guide for Enployers and HRM Practitioners
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Introduction What does the Code of Practice cover? - The Code of Practice on Human Resource Management ("the Code") came into effect on 1st April 2001. It provides employers and HRM practitioners with a practical guide to the application of the provisions of the Personal Data (Privacy) Ordinance ("the PD(P)O") to employment-related personal data privacy.
- The Code draws on the Data Protection Principles ("DPPs") that appear in Schedule 1 of the PD(P)O and applies them to the management of personal data in three important areas: recruitment, current employment, and former employees' matters. The Code also illustrates good personal data practices applied to HRM activities.
What happens if the Code is not complied with? - Non-compliance with the Code will give rise to a presumption against the employer, or any third party contracted to act on the employer's behalf, in any proceedings involving an alleged breach of the PD(P)O. These proceedings could be before the Administrative Appeal Board, a magistrate or a court.
- Non-compliance with the Code would also weigh against the party concerned in any case under investigation by the Privacy Commissioner for Personal Data.
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