Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 14

Data user returns

(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution. PART IV

DATA USER RETURNS AND REGISTER OF DATA USERS

(1) Subject to subsection (2), the Commissioner may, by notice in the Gazette,
specify a class of data users to which this section shall apply.

(2) The Commissioner shall, before specifying a class of data users in a
notice under subsection (1), consult with-

   (a)  such bodies representative of data users belonging to that class; and

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

(3) This section shall not apply to a data user except a data user belonging
to a class of data users specified in a notice under subsection

(1) which is in force.

(4) A data user shall submit to the Commissioner a data user return-

   (a)  in the specified form;

   (b)  containing the prescribed information required by the return in
        relation to the data user;

   (c)  in the case of-

        (i)    a data user which belongs to the class of data users concerned
               on the day on which the notice under subsection (1) specifying
               that class commences, not earlier than 3 months before, and not
               later than, each anniversary of that day;

        (ii)   a data user which first belongs to the class of data users
               concerned on a day after the day on which the notice under
               subsection (1) specifying that class commences, not earlier
               than 3 months before, and not later than, each anniversary of
               that first-mentioned day; and

   (d)  accompanied by the prescribed fee.

(5) The Commissioner shall cause a notice to be published not less than once
during every period of 6 months-

   (a)  in-

        (i)    the Gazette; and

        (ii)   not less than 1 Chinese language newspaper (and in the Chinese
               language) and not less than 1 English language newspaper (and
               in the English language), each of which shall be a newspaper
               circulating generally in Hong Kong; and

   (b)  subject to subsection (6), specifying the places at which and the
        hours during which data user returns are available to be obtained by
        data users for the purposes of this section.

(6) The Commissioner shall not exercise his power under subsection

(5)(b) to specify places which are Government offices unless and until he has
the approval in writing of the Secretary for Constitutional and Mainland
Affairs to do so. (Amended L.N. 130 of 2007)

(7) The Commissioner shall cause data user returns to be available to be
obtained by data users-

   (a)  free of charge; and

   (b)  at the places and during the hours specified in the last notice
        published under subsection (5).

(8) Where any prescribed information contained in a data user  return
submitted under subsection (4) to the Commissioner by a data user changes
subsequent to the submission, then the data user shall serve a notice in
writing on the Commissioner specifying such change-

   (a)  if, but only if-

        (i)    such information is specified in the return as information to
               which this subsection applies; and

        (ii)   the return contains, or has annexed to it- (A) a copy of this
               subsection; or (B) a statement summarizing the requirement
               imposed by this subsection on the data user; and

   (b)  not later than 30 days after such change.

(9) It is hereby declared that-

   (a)  a notice under subsection (1) is subsidiary legislation;

   (b)  where a data user belongs to 2 or more classes of data users specified
        in 2 or more notices under subsection (1) which are in force, then,
        for the purposes of this section, that data user shall be deemed to
        belong only to that class of data users specified in the first of
        those notices to be published in the Gazette; and

   (c)  subsection (3) shall not operate to prejudice the generality of
        section 67(4)(c).

(10) In this section and section 15, "prescribed information" (訂明資 訊)
means any information specified in Schedule 3. (Enacted 1995)

"prescribed information" (訂明資訊)