PCPD - The Ordinance at a Glance

The Ordinance

The Ordinance at a Glance

Objectives
Scope of Coverage
Commencement of Ordinance
Implications for Data Users and Data Subjects
The Privacy Commissioner for Personal Data
Exemptions
Data Protection Principles
Offences and Compensation

Objectives
The purpose of the Ordinance is to protect the privacy interests of living individuals in relation to personal data. It also contributes to Hong Kong's continued economic well being by safeguarding the free flow of personal data to Hong Kong from restrictions by countries that already have data protection laws.

Scope of Coverage
The Ordinance covers any data relating directly or indirectly to a living individual (data subject), from which it is practicable to ascertain the identity of the individual and which are in a form in which access or processing is practicable. It applies to any person (data user) that controls the collection, holding, processing or use of personal data.

Commencement of Ordinance
The Ordinance was brought into force on 20th December 1996.

Implications for Data Users and Data Subjects
Data users must follow the fair information practices stipulated in the data protection principles in Schedule 1 of the Ordinance.

The Ordinance gives rights to data subjects. They have the right to confirm with data users whether their personal data are held, to obtain a copy of such data, and to have personal data corrected. Any charge for providing a copy of personal data to a data subject may not be excessive. They may complain to the Privacy Commissioner for Personal Data about a suspected breach of the Ordinance's requirements and claim compensation for damage caused to them as a result of a contravention of the Ordinance through civil proceedings.

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