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

26. Erasure of personal data no longer required

(1)

A data user shall erase personal data held by the data user where the data are no longer required for the purpose (including any directly related purpose) for which the data were used unless-

(a)	any such erasure is prohibited under any law; or

(b)	it is in the public interest (including historical interest) for the data not to be erased. .

(2)

For the avoidance of doubt, it is hereby declared that-

(a)	a data user shall erase personal data in accordance with subsection (1) notwithstanding that any other data user controls (whether in whole or in part) the processing of the data;

(b)	the first-mentioned data user shall not be liable in an action for damages at the suit of the second-mentioned data user in respect of any such erasure.

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