Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 12

Approval of codes of practice by Commissioner

PART III

CODES OF PRACTICE

(1) Subject to subsections (8) and (9), for the purpose of providing practical
guidance in respect of any requirements under this Ordinance imposed on
data users, the Commissioner may-

   (a)  approve and issue such codes of practice (whether prepared by him or
        not) as in his opinion are suitable for that purpose; and

   (b)  approve such codes of practice issued or proposed to be issued
        otherwise than by him as in his opinion are suitable for that purpose.

(2) Where a code of practice is approved under subsection (1), the
Commissioner shall, by notice in the Gazette-

   (a)  identify the code concerned and specify the date on which its approval
        is to take effect; and

   (b)  specify for which of the requirements under this Ordinance the code is
        so approved.

(3) The Commissioner may-

   (a)  from time to time revise the whole or any part of any code of 
        practice prepared by him under this section; and

   (b)  approve any revision or proposed revision of the whole or any part of
        any code of practice for the time being approved under this section,
        and the provisions of subsection (2) shall, with the necessary
        modifications, apply in relation to the approval of any revision under
        this subsection as they apply in relation to the approval of a
        code of  practice under subsection (1).

(4) The Commissioner may at any time withdraw his approval from any
code of practice approved under this section.

(5) Where under subsection (4) the Commissioner withdraws his approval from a
code of practice approved under this section, he shall, by notice in the
Gazette, identify the code concerned and specify the date on which his
approval of it is to cease to have effect.

(6) References in this Ordinance to an approved code of practice are
references to that code as it has effect for the time being by virtue of any
revision of the whole or any part of it approved under this section.

(7) The power of the Commissioner under subsection (1)(b) to approve a
code of practice issued or proposed to be issued otherwise than by him shall
include power to approve a part of such a code and,
accordingly, in this Ordinance "code of practice" (實務守則) may be read
as including a part of such a code.

(8) The Commissioner shall, not later than 6 months after the day on which
this section comes into operation (or within such further period, not
exceeding 6 months, as the Secretary for Home Affairs may allow), approve a
code of practice under subsection (1) in respect of all or any requirements
referred to in that subsection in so far as such requirements relate to
personal data which are personal identifiers.

(9) The Commissioner shall, before approving a code of practice under
subsection (1) or any revision or proposed revision of the code under
subsection (3), consult with-

   (a)  such bodies representative of data users to which the code or the code
        as so revised, as the case may be, will apply (whether in whole or in
        part); and

   (b)  such other interested persons, as he thinks fit.

(10) For the avoidance of doubt, it is hereby declared that different codes of
practice may be approved under subsection (1)

(including any code of practice referred to in subsection (8)) for different
classes of data users, and may be so approved for the same or different
requirements referred to in subsection (1). (Enacted 1995)

"code of practice" (實務守則)