Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 35

Repeated collections of personal data in same circumstances

(1) A data user who-

   (a)  has complied with the provisions of data protection principle 1(3) in
        respect of the collection of any personal data from the data
subject ("first collection"); and

   (b)  on any subsequent occasion again collects personal data from
the data subject ("subsequent collection"), is not required to comply with
those provisions in respect of the subsequent collection if, but only if-

        (i)    to comply with those provisions in respect of that subsequent 
               collection would be to repeat, without any material difference,
               what was done to comply with that principle in respect of the
               first collection; and

        (ii)   not more than 12 months have elapsed between the first 
               collection and the subsequent collection.

(2) For the avoidance of doubt, it is hereby declared that subsection (1)
shall not operate to prevent a subsequent collection from becoming a
first collection if, but only if, the data user concerned has complied with
the provisions of data protection principle 1(3) in respect of the
subsequent collection. (Enacted 1995)