PCPD - The Ordinance (Full Text)

The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part IX- OFFENCES AND COMPENSATION

66. Compensation

(1)

Subject to subsection (4), an individual who suffers damage by reason of a contravention-

(a)	of a requirement under this Ordinance;

(b)	by a data user; and

(c)	which relates, whether in whole or in part, to personal data of which that individual is the data subject,

shall be entitled to compensation from that data user for that damage.

(2)

For the avoidance of doubt, it is hereby declared that damage referred to in subsection (1) may be or include injury to feelings.

(3)

IIn any proceedings brought against any person by virtue of this section it shall be a defence to show that-

(a)	he had taken such care as in all the circumstances was reasonably required to avoid the contravention concerned; or

(b)	in any case where the contravention concerned occurred because the personal data concerned were inaccurate, the data accurately record data received or obtained by the data user concerned from the data subject or a third party.

(4)

Where an individual suffers damage referred to in subsection (1)by reason of a contravention referred to in that subsection which occurred because the personal data concerned were inaccurate, then no compensation shall be payable under that subsection in respect of so much of that damage that has occurred at any time before the expiration of 1 year immediately following the day on which this section commences.

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