PCPD - The Ordinance (Full Text)

The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

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

35. Repeated collections of personal data in same circumstances

(1)
A data user who-

(a)
has complied with the provisions of data protection principle 1(3) in respect of the collection of any personal data from the data subject ("first collection"); and

(b)
on any subsequent occasion again collects personal data from the data subject ("subsequent collection"), is not required to comply with those provisions in respect of the subsequent collection if, but only if-

to comply with those provisions in respect of that subsequent collection would be to repeat, without any material difference, what was done to comply with that principle in respect of the first collection; and

not more than 12 months have elapsed between the first collection and the subsequent collection.

(2) For the avoidance of doubt, it is hereby declared that subsection (1) shall not operate to prevent a subsequent collection from becoming a first collection if, but only if, the data user concerned has complied with the provisions of data protection principle 1(3) in respect of the subsequent collection.

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