Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 55

Relevant process

(1) Personal data the subject of a relevant process are exempt from the
provisions of data protection principle 6 and section 18(1)(b) until the
completion of that process.

(2) In this section-

"completion" (完成), in relation to a relevant process, means the making of
the determination concerned referred to in paragraph (a) of the definition
of "relevant process";

"relevant process" (有關程序)-

   (a)  subject to paragraph (b), means any process whereby personal  data are
        considered by one or more persons for the purpose of determining, or
        enabling there to be determined-

        (i)    the suitability, eligibility or qualifications of the data 
               subject for- (A) employment or appointment to office; (B)
               promotion in employment or office or continuance in employment
               or office; (C) removal from employment or office; or (D) the
               awarding of contracts, awards (including academic and
               professional qualifications), scholarships, honours or other
               benefits;

        (ii)   whether any contract, award (including academic and
               professional qualifications), scholarship, honour or benefit
               relating to the data subject should be continued, modified or
               cancelled; or

        (iii)  whether any disciplinary action should be taken against the
               data subject for a breach of the terms of his employment or
               appointment to office;

   (b)  does not include any such process where no appeal, whether under an
        Ordinance or otherwise, may be made against any such determination.
        (Enacted 1995)