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E-Privacy:
A Policy Approach to Building Trust and Confidence
In E-Business

Annex The Data protection Principles

Personal Data (Privacy) Ordinance (Chapter 486)

The Data Protection Principles

Principle 2 - Accuracy and Duration of Retention of Personal Data

(1) All practicable steps shall be taken to ensure that -

(a) personal data are accurate having regard to the purpose (including any directly related purpose) for which the personal data are or are to be used;

(b) where there are reasonable grounds for believing that personal data are inaccurate having regard to the purpose (including any directly related purpose) for which the data are or are to be used -

i. the data are not used for that purpose unless and until those grounds cease to be applicable to the data, whether by the rectification of the data or otherwise; or

ii. the data are erased;

(c) where it is practicable in all the circumstances of the case to know that -

i. personal data disclosed on or after the appointed day to a third party are materially inaccurate having regard to the purpose (including any directly related purpose) for which the data are or are to be used by the third party; and

ii. that data were inaccurate at the time of such disclosure,
that the third party -

(A) is informed that the data are inaccurate; and
(B) is provided with such particulars as will enable the third party to rectify the data having regard to that purpose.

(2) Personal data shall not be kept longer than is necessary for the fulfillment of the purpose (including any directly related purpose) for which the data are or are to be used.

Principle 3 -Use of Personal Data

(1) Personal data shall not, without the prescribed consent of the data subject, be used for any purpose other than -

(a) the purpose for which the data were to be used at the time of the collection of the data; or

(b) a purpose directly related to the purpose referred to in paragraph (a).

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