Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 27

Log book to be kept by data user

(1) A data user shall keep and maintain a log book-

   (a)  for the purposes of this Part;

   (b)  in the Chinese or English language; and

   (c)  such that any particulars entered in the log book pursuant to this
        section are not erased therefrom before the expiration of-

        (i)    subject to subparagraph (ii), 4 years after the day on which
               they were so entered;

        (ii)   such longer or shorter period as may be prescribed, either
               generally or in any particular case, by regulations made under
               section 70.

(2) A data user shall in accordance with subsection (3) enter in the log book-

   (a)  where pursuant to section 20 the data user refuses to comply with a
        data access request, particulars of the reasons for the refusal;

   (b)  where pursuant to section 21(2) the data user does not comply with
        section 21(1), particulars of the prejudice that would be caused to
        the interest protected by the exemption concerned under Part VIII if
        the existence or non-existence of the personal data to which the
        data access  request concerned relates were disclosed;

   (c)  where pursuant to section 24 the data user refuses to comply with
        section 23(1) in relation to a data correction request, particulars of
        the reasons for the refusal;

   (d)  any other particulars required by regulations made under section 70 to
        be entered in the log book.

(3) The particulars required by subsection (2) to be entered by a data user in
the log book shall be so entered-

   (a)  in the case of particulars referred to in paragraph (a) of that
        subsection, on or before the notice under section 21(1) is served in
        respect of the refusal to which those particulars relate;

   (b)  in the case of particulars referred to in paragraph (b) of that
        subsection, on or before the notice under section 21(1) is served in
        respect of the refusal to which those particulars relate;

   (c)  in the case of particulars referred to in paragraph (c) of that
        subsection, on or before the notice under section 25(1) is served in
        respect of the refusal to which those particulars relate;

   (d)  in the case of particulars referred to in paragraph (d) of that
        subsection, within the period specified in regulations made under
        section  70 in respect of those particulars.

(4) A data user shall-

   (a)  permit the Commissioner to inspect and copy the log book (or any part
        thereof) at any reasonable time; and

   (b)  without charge, afford the Commissioner such facilities and assistance
        as the Commissioner may reasonably require for the purposes of such
        inspection and copying. (Enacted 1995)