Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 22

Data correction request

(1) Subject to subsection (2), where-

   (a)  a copy of personal data has been supplied by a data user in compliance
        with a data access request; and

   (b)  the individual, or a relevant person on behalf of the individual, who
        is the data subject considers that the data are inaccurate, then that
        individual or relevant person, as the case may be, may make a request
        that the data user make the necessary correction to the data.

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

   (a)  does not hold the data; but

   (b)  controls the processing 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 section 23(1) in relation to a data correction  request
        which relates to the data, shall be deemed to be a data user to whom
        such a request may be made, and the provisions of this Ordinance
        (including subsection (1)) shall be construed accordingly.

(3) Without prejudice to the generality of sections 23(1)(c) and 25(2), if a
data user, subsequent to the receipt of a data correction  request but before
complying with the request pursuant to section 24 or refusing to comply with
the request pursuant to section 25, discloses to a third party the
personal data to which the request relates, then the user shall take all
practicable steps to advise the third party that the data are the subject of a
data correction request still under consideration by the user (or words to the
like effect). (Enacted 1995)