The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VIII - EXEMPTIONS

55. Relevant process

(1)

Personal data the subject of a relevant process are exempt from the provisions of data protection principle 6 and section 18(1)(b) until the completion of that process.

(2)

In this section-

"completion"in relation to a relevant process, means the making of the determination concerned referred to in paragraph (a) of the definition of "relevant process";

"relevant process"

(a)

subject to paragraph (b), means any process whereby personal data are considered by one or more persons for the purpose of determining, or enabling there to be determined-

  1. the suitability, eligibility or qualifications of the data subject for-

    (A) employment or appointment to office;

    (B) promotion in employment or office or continuance in employment or office;

    (C) removal from employment or office; or

    (D) the awarding of contracts, awards (including academic and professional qualifications), scholarships, honours or other benefits;

  2. whether any contract, award (including academic and professional qualifications), scholarship, honour or benefit relating to the data subject should be continued, modified or cancelled; or
  3. whether any disciplinary action should be taken against the data subject for a breach of the terms of his employment or appointment to office;
(b)

does not include any such process where no appeal, whether under an Ordinance or otherwise, may be made against any such determination.

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