Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 23

Compliance with data correction request

(1) Subject to subsection (2) and section 24, a data user who is satisfied
that personal data to which a data correction request relates are inaccurate
shall, not later than 40 days after receiving the request-

   (a)  make the necessary correction to those data;

   (b)  supply the requestor with a copy of those data as so corrected; and

   (c)  subject to subsection (3), if-

        (i)    those data have been disclosed to a third party during the 12
               months immediately preceding the day on which the correction is
               made; and

        (ii)   the data user has no reason to believe that the third party has
               ceased using those data for the purpose (including any directly
               related purpose) for which the data were disclosed to the
               third party, take all practicable steps to supply the
               third party with a copy of those data as so corrected
               accompanied by a notice in writing stating the reasons for the
               correction.

(2) A data user who is unable to comply with subsection (1) in relation to a
data correction request within the period specified in that subsection shall-

   (a)  before the expiration of that period-

        (i)    by notice in writing inform the requestor that the data user is
               so unable and of the reasons why the data user is so unable;
               and

        (ii)   comply with that subsection to the extent, if any, that the
               data user is able to comply with that subsection; and

   (b)  as soon as practicable after the expiration of that period, comply or
        fully comply, as the case may be, with that subsection.

(3) A data user is not required to comply with subsection (1)(c) in any case
where the disclosure concerned of the personal data to the third  party
consists of the third party's inspection of a register or other like document-

   (a)  in which the data are entered or otherwise recorded; and

   (b)  which is available for inspection by the public, but this subsection
        shall not apply if the third party has been supplied with a copy,
        certified by or under the authority of the data user to be correct, of
        the data. (Enacted 1995)