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CHAPTER
486
PERSONAL DATA (PRIVACY) ORDINANCE
Part
VI - MATCHING PROCEDURES AND TRANSFERS OF PERSONAL DATA,
ETC.
33.
Prohibition against transfer of personal data to place
outside Hong Kong except in specified circumstances
| (1) |
This section shall not apply to personal data
other than personal data the collection, holding,
processing or use of which-
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takes place in Hong Kong; or
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| (b) |
is controlled by a data user whose principal
place of business is in Hong Kong.
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| (2) |
A
data user shall not transfer personal data to
a place outside Hong Kong unless-
| (a)
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the place is specified for the purposes
of this section in a notice under subsection
(3);
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| (b) |
the user has reasonable grounds for believing
that there is in force in that place any
law which is substantially similar to, or
serves the same purposes as, this Ordinance;
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| (c) |
the
data subject has consented in writing to the
transfer; |
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| (d) |
the user has reasonable grounds for believing
that, in all the circumstances of the case-
- the transfer is for the avoidance or
mitigation of adverse action against the
data subject;
- it is not practicable to obtain the
consent in writing of the data subject
to that transfer; and
- if it was practicable to obtain such
consent, the data subject would give it;
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| (e) |
the
data are exempt from data protection principle
3 by virtue of an exemption under Part VIII;
or |
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| (f) |
the
user has taken all reasonable precautions
and exercised all due diligence to ensure
that the data will not, in that place, be
collected, held, processed or used in any
manner which, if that place were Hong Kong,
would be a contravention of a requirement
under this Ordinance. |
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| (3) |
Where the Commissioner has reasonable grounds
for believing that there is in force in a place
outside Hong Kong any law which is substantially
similar to, or serves the same purposes as, this
Ordinance, he may, by notice in the Gazette, specify
that place for the purposes of this section.
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| (4) |
Where
the Commissioner has reasonable grounds for believing
that in a place specified in a notice under subsection
(3) there is no longer in force any law which is
substantially similar to, or serves the same purposes
as, this Ordinance, he shall, either by repealing
or amending that notice, cause that place to cease
to be specified for the purposes of this section.
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| (5) |
For
the avoidance of doubt, it is hereby declared
that-
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for the purposes of subsection (l)(b),
a data user which is a company incorporated
in Hong Kong is a data user whose principal
place of business is in Hong Kong;
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| (b) |
a notice under subsection (3) is subsidiary
legislation; and
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| (c) |
this
section shall not operate to prejudice the
generality of section 50. |
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