PCPD - The Ordinance (Full Text)

The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VIII - EXEMPTIONS

59. Health

Personal data relating to the physical or mental health of the data subject are exempt from the provisions of either or both of-

(a)
data protection principle 6 and section 18(1)(b);

(b)
data protection principle 3, in any case in which the application of those provisions to the data would be likely to cause serious harm to the physical or mental health of-

the data subject; or

any other individual

60. Legal professional privilege

Personal data are exempt from the provisions of data protection principle 6 and section 18(1)(b) if the data consist of information in respect of which a claim to legal professional privilege could be maintained in law.

61. News

(1)
Personal data held by a data user-

(a)
whose business, or part of whose business, consists of a news activity; and

(b)
solely for the purpose of that activity (or any directly related activity),

are exempt from the provisions of-

data protection principle 6 and sections 18(1)(b) and 38(i) unless and until the data are published or broadcast (wherever and by whatever means);

sections 36 and 38(b).

(2)
Personal data are exempt from the provisions of data protection principle 3 in any case in which-

(a)
the use of the data consists of disclosing the data to a data user referred to in subsection (1); and

(b)
such disclosure is made by a person who has reasonable grounds to believe (and reasonably believes) that the publishing or broadcasting (wherever and by whatever means) of the data (and whether or not they are published or broadcast) is in the public interest.

(3)
In this section-

"news activity" ([image]) means any journalistic activity and includes-

(a)
the-

gathering of news;

preparation or compiling of articles or programmes concerning news; or

observations on news or current affairs,

for the purpose of dissemination to the public; or

(b)
the dissemination to the public of-

any article or programme of or concerning news; or

observations on news or current affairs.

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