The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part V - ACCESS TO AND CORRECTION OF PERSONAL DATA

28. Imposition of fees by data user

(1)

A data user shall not impose a fee for complying or refusing to comply with a data access request or data correction request unless the imposition of the fee is expressly permitted by this section.

(2)

Subject to subsections (3) and (4), a data user may impose a fee for complying with a data access request.

(3)

No fee imposed for complying with a data access request shall be excessive.

(4)

Where pursuant to section 19(3)(c)(iv) or (v) or (4)(ii)(B)(II) a data user may comply with a data access request by supplying a copy of the personal data to which the request relates in one of 2 or more forms, the data user shall not, and irrespective of the form in which the data user complies with the request, impose a fee for complying with the request which is higher than the lowest fee the data user imposes for complying with the request in any of those forms.

(5) A data user may refuse to comply with a data access request unless and until any fee imposed by the data user for complying with the request has been paid.
(6)

Where-

(a)

a data user has complied with a data access request by supplying a copy of the personal data to which the request relates; and

(b)

the data subject, or a relevant person on behalf of the data subject, requests the data user to supply a further copy of those data,

then the data user may, and notwithstanding the fee, if any, that the data user imposed for complying with that data access request, impose a fee for supplying that further copy which is not more than the administrative and other costs incurred by the data user in supplying that further copy.

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