Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 18

Data access request

PART V

ACCESS TO AND CORRECTION OF PERSONAL DATA

(1) An individual, or a relevant person on behalf of an individual, may make a
request-

   (a)  to be informed by a data user whether the data user holds
        personal data of which the individual is the data subject;

   (b)  if the data user holds such data, to be supplied by the data  user
        with a copy of such data.

(2) A data access request under both paragraphs of subsection (1) shall be
treated as being a single request, and the provisions of this Ordinance shall
be construed accordingly.

(3) A data access request under paragraph (a) of subsection (1) may, in the
absence of evidence to the contrary, be treated as being a data access request
under both paragraphs of that subsection, and the provisions of this Ordinance
(including subsection (2)) shall be construed accordingly.

(4) A data user who, in relation to personal data-

   (a)  does not hold the data; but

   (b)  controls the use of the data in such a way as to prohibit the
        data user who does hold the data from complying (whether in whole or
        in part) with a data access request which relates to the data, shall
        be deemed to hold those data, and the provisions of this Ordinance

(including this section) shall be construed accordingly. (Enacted 1995)