PCPD - The Ordinance (Full Text)

The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part V - ACCESS TO AND CORRECTION OF PERSONAL DATA

18. Data access request

(1)

An individual, or a relevant person on behalf of an individual, may make a request-

(a)	to be informed by a data user whether the data user holds personal data of which the individual is the data subject;

(b)	if the data user holds such data, to be supplied by the data user with a copy of such data.

(2)

A data access request under both paragraphs of subsection (1) shall be treated as being a single request, and the provisions of this Ordinance shall be construed accordingly.

(3)

A data access request under paragraph (a) of subsection (1) may, in the absence of evidence to the contrary, be treated as being a data access request under both paragraphs of that subsection, and the provisions of this Ordinance (including subsection (2) ) shall be construed accordingly.

(4)

A data user who, in relation to personal data-

(a)	does not hold the data; but

(b)	controls the use of the data in such a way as to prohibit the data user who does hold the data from complying (whether in whole or in part) with a data access request which relates to the data, shall be deemed to hold those data, and the provisions of this Ordinance (including this section) shall be construed accordingly

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