The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VI - MATCHING PROCEDURES AND TRANSFER OF PERSONAL DATA, ETC.

30. Matching procedure not to be carried out except with consent of data subject, etc.

(1)

A data user shall not carry out, whether in whole or in part, a matching procedure-

(a)

unless and until each individual who is a data subject of the personal data the subject of that procedure has given his prescribed consent to the procedure being carried out;

(b)

unless and until the Commissioner has consented under section 32 to the procedure being carried out;

(c)

unless the procedure-

  1. belongs to a class of matching procedures specified in a notice under subsection (2); and
  2. is carried out in accordance with the conditions, if any, specified in the notice; or
(d) unless it is required or permitted under any provision of any Ordinance specified in Schedule 4.

(2)

For the purposes of this section, the Commissioner may, by notice in the Gazette, specify-

(a)

a class of matching procedures;

(b)

subject to subsection (3), the conditions, if any, subject to which a matching procedure belonging to that class shall be carried out.

(3)

The Commissioner shall, before specifying any conditions in a notice under subsection (2), consult with-

(a)

such bodies representative of data users to which the conditions will apply (whether in whole or in part); and

(b)

such other interested persons,

as he thinks fit.

(4) It is hereby declared that a notice under subsection (2) is subsidiary legislation.
(5)

Subject to subsection (6), a data user shall not take adverse action against an individual in consequence (whether in whole or in part) of the carrying out of a matching procedure-

(a)

unless the data user has served a notice in writing on the individual-

  1. specifying the adverse action it proposes to take and the reasons therefor; and
  2. stating that the individual has 7 days after the receipt of the notice within which to show cause why that action should not be taken; and
(b)

until the expiration of those 7 days.

(6) Subsection (5) shall not operate to prevent a data user from taking adverse action against an individual if compliance with the requirements of that subsection would prejudice any investigation into the commission of an offence or the possible commission of an offence.

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