Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 56

Personal references

Personal data held by a data user which consist of a personal reference-

   (a)  given by an individual other than in the ordinary course of his
        occupation; and

   (b)  relevant to another individual's suitability or otherwise to fill any
        position of employment or office which is presently, or may become,
        unfilled, are exempt from the provisions of data protection principle
        6 and section  18 (1)(b)-

        (i)    in any case, unless the individual referred to in paragraph (a)
               has informed the data user in writing that he has no objection
               to the reference being seen by the individual referred to in
               paragraph (b) (or words to the like effect); or

        (ii)   in the case of a reference given on or after the day on which
               this section comes into operation, until the individual
               referred to in paragraph (b) has been informed in writing that
               he has been accepted or rejected to fill that position or
               office (or words to the like effect), whichever first occurs.
               (Enacted 1995)