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Section 63C was included under the Amendment Ordinance to exempt DPP1(3) and

DPP3 from application when their application will prejudice any of the following matters:

(a) identifying an individual who is reasonably suspected to be, or is, involved in a life-

threatening situation;

(b) informing the individual’s immediate family members or relevant persons of the

individual’s involvement in the life-threatening situation;

(c) the carrying out of emergency rescue operations or provision of emergency relief



The term “immediate family member” is defined under section 63C(2) to mean, “in

relation to a person…another person who is related to the person by blood, marriage,

adoption or affinity”.


This exemption aims to cover the handling of personal data in emergency or

catastrophic situations where victims or missing persons require immediate assistance

and rescue. It will facilitate law enforcement agencies as well as rescue and relief

agencies to ascertain the identities of the persons involved in the incident, to locate

missing persons and to verify unconfirmed identities of persons who are in distress. These

agencies may need to collect personal data from the involved individuals, or approach

organisations or individuals holding relevant personal data to assist in rescue-related

work. Exemption from DPP1(3) and DPP3 would facilitate these operations and be in the

interest of the victims.

Section 63D— Transfer of Records to Government Records Service


Section 63D provides as follows:

Personal data contained in records that are transferred to the Government Records Service

is exempt from the provisions of data protection principle 3 when the records are used by

the Government Records Service solely for the purpose of –

(a) appraising the records to decide whether they are to be preserved; or

(b) organising and preserving the records.


In order to preserve Hong Kong’s documentary heritage, it is necessary for government

bureaux and departments to transfer records of historical value, including those

containing personal data, to the Government Records Service for archival purpose.

Transfer of such records containing personal data has to comply with the requirements

of DPP3. Given the vast array of purposes and functions performed by different

government bureaux and departments in collecting personal data, the transfer of the

personal data to the Government Records Service might not fall within a purpose

directly related to that when the personal data was originally collected and it is

impracticable to obtain the prescribed consent of the data subjects concerned for their

personal data to be preserved by the Government Records Service. The introduction of

this exemption under the Amendment Ordinance is therefore of practical significance in

balancing the right to personal data privacy with the public interest of freedom of