The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part IV - DATA USER RETURNS AND REGISTER OF DATA USERS

14. Data user returns (cont.)

(5)

The Commissioner shall cause a notice to be published not less than once during every period of 6 months-

(a)

in-

  1. the Gazette; and
  2. ot less than 1 Chinese language newspaper (and in the Chinese language) and not less than 1 English language newspaper (and in the English language), each of which shall be a newspaper circulating generally in Hong Kong; and
(b)

subject to subsection (6), specifying the places at which and the hours during which data user returns are available to be obtained by data users for the purposes of this section.

(6)

The Commissioner shall not exercise his power under subsection (5) (b) to specify places which are Government offices unless and until he has the approval in writing of the Secretary for Constitutional and Mainland Affairs to do so.

(7)

The Commissioner shall cause data user returns to be available to be obtained by data users-

(a)

free of charge; and

(b)

at the places and during the hours specified in the last notice published under subsection (5).

(8)

Where any prescribed information contained in a data user return submitted under subsection (4) to the Commissioner by a data user changes subsequent to the submission, then the data user shall serve a notice in writing on the Commissioner specifying such change-

(a)

if, but only if-

  1. such information is specified in the return as information to which this subsection applies, and
  2. the return contains, or has annexed to it-
    (A) a copy of this subsection; or
    (B) a statement summarizing the requirement imposed by this subsection on the data user; and
(b)

not later than 30 days after such change
(9)

It is hereby declared that-

(a)

a notice under subsection (1) is subsidiary legislation;

(b)

where a data user belongs to 2 or more classes of data users specified in 2 or more notices under subsection (1) which are in force, then, for the purposes of this section, that data user shall be deemed to belong only to that class of data users specified in the first of those notices to be published in the Gazette, and

(c) subsection (3) shall not operate to prejudice the generality of section 67(4)(c).
(10) In this section and section 15, "prescribed information" means any information specified in Schedule 3.


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