The Electronic Health Record Sharing System Ordinance (Chapter 625) came into operation on 2 December 2015. It provides legal basis for the collection, sharing, use and safe keeping of patients' health data under the Electronic Health Record Sharing System ("
System"). The System provides an information infrastructure platform for healthcare providers in both the public and private sectors. With consent of the patient, healthcare providers can have access to and share the patient's health record in the System for healthcare-related purposes.
Patients’ health record in the System amounts to personal data, which is protected under the Personal Data (Privacy) Ordinance. Healthcare providers and the Commissioner for Electronic Health Record should act in accordance with the requirements under the Electronic Health Record Sharing System Ordinance as well as the Personal Data (Privacy) Ordinance when handling patients’ health record in the System.
The functions and powers of the Privacy Commissioner for Personal Data, Hong Kong under the Personal Data (Privacy) Ordinance in relation to personal data in the System include:
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handling complaints of suspected breaches of the Personal Data (Privacy) Ordinance and initiating investigation if necessary;
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carrying out an inspection of the System;
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providing guidance on personal data privacy in relation to the System to citizens and healthcare providers; and
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handling any data breach notification in relation to the System.
To prepare for the commencement of operation of the System in the first quarter of 2016, PCPD has published the following two information leaflets on personal data privacy in relation to the System for the reference of both the citizens and the healthcare providers: