Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 26

Erasure of personal data no longer required

(1) A data user shall erase personal data held by the data user where the data
are no longer required for the purpose (including any directly related
purpose) for which the data were used unless-

   (a)  any such erasure is prohibited under any law; or

   (b)  it is in the public interest (including historical interest) for the
        data not to be erased.

(2) For the avoidance of doubt, it is hereby declared that-

   (a)  a data user shall erase personal data in accordance with subsection
        (1) notwithstanding that any other data user controls (whether in
        whole or in part) the processing of the data;

   (b)  the first-mentioned data user shall not be liable in an action for
        damages at the suit of the second-mentioned data user in respect of
        any such erasure. (Enacted 1995)