The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part V - ACCESS TO AND CORRECTION OF PERSONAL DATA

24. Circumstances in which data user shall or may refuse to comply with data correction request

(1)

Subject to subsection (2), a data user shall refuse to comply with section 23(1) in relation to a data correction request if the data user is not supplied with such information as the data user may reasonably require-

(a)

in order to satisfy the data user as to the identity of the requestor;

(b)

where the requestor purports to be a relevant person, in order to satisfy the data user-

  1. as to the identity of the individual in relation to whom the request or purports to be such a person; and
  2. that the requestor is such a person in relation to that individual.
(2)

Subsection (1) shall not apply to a data correction request where the requestor is the same person as the requestor in respect of the data access request which gave rise to the data correction request.

(3)

A data user may refuse to comply with section 23(1) in relation to a data correction request if-

(a)

the request is not in writing in the Chinese or English language;

(b)

the data user is not satisfied that the personal data to which the request relates are inaccurate;

(c) the data user is not supplied with such information as the data user may reasonably require to ascertain in what way the personal data to which the request relates are inaccurate;
(d) the data user is not satisfied that the correction which is the subject of the request is accurate; or
(e) subject to subsection (4), any other data user controls the processing of the personal data to which the request relates in such a way as to prohibit the first-mentioned data user from complying (whether in whole or in part) with that section.
(4) Subsection (3)(e) shall not operate so as to excuse a data user from complying with section 23(1) in relation to the data correction request concerned to the extent that the data user can comply with that section without contravening the prohibition concerned.

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