PCPD - A Guide for Data Users -- No. 1 -- A General Introduction to the Ordinance 1

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PERSONAL DATA (PRIVACY) ORDINANCE
A GUIDE FOR DATA USERS - NO.1

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The guide provides a general introduction for the objectives, scope and implications of the Personal Data (Privacy) Ordinance.

Objectives of the Ordinance

The purpose of the Ordinance is to protect the privacy interests of living individuals in relation to personal data. It also contributes to Hong Kong's continued economic well being by safeguarding the free flow of personal data to Hong Kong from restrictions by countries that already have data protection laws.

Scope of Coverage

Generally, the Ordinance covers any data relating directly or indirectly to a living individual (data subject), from which it is practical to ascertain the identity of the individual and which are in a form in which access or processing is practicable. It applies to any person (data user) that controls the collection, holding, processing or use of personal data.

Commencement of Ordinance

The Ordinance was brought into force on December 20, 1996. Implications for Data Users and Data Subjects

Implications for Data Users and Data Subjects

Data users must follow the fair information practices stipulated in the data protection principles (see below for more details) in Schedule 1 of the Ordinance and all other relevant provisions.

The Ordinance gives rights to data subjects. They have the right to confirm with data users whether their personal data are held, to obtain a copy of such data, and to have personal data corrected. Any charge for providing a copy of personal data to a data subject may not be excessive. They may complain to the Privacy Commissioner for Personal Data about a suspected breach of the Ordinance's requirements and claim compensation for damage caused to them as a result of a contravention of the Ordinance through civil proceedings.

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