Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 61

News

(1) Personal data held by a data user-

   (a)  whose business, or part of whose business, consists of a news 
        activity; and

   (b)  solely for the purpose of that activity (or any directly related
        activity), are exempt from the provisions of-

        (i)    data protection principle 6 and sections 18(1)(b) and 38(i)
               unless and until the data are published or broadcast (wherever
               and by whatever means);

        (ii)   sections 36 and 38(b).

(2) Personal data are exempt from the provisions of data protection  principle
3 in any case in which-

   (a)  the use of the data consists of disclosing the data to a data  user
        referred to in subsection (1); and

   (b)  such disclosure is made by a person who has reasonable grounds to
        believe (and reasonably believes) that the publishing or broadcasting

(wherever and by whatever means) of the data (and whether or not they are
published or broadcast) is in the public interest.

(3) In this section-

"news activity" (新聞活動) means any journalistic activity and includes-

   (a)  the-

        (i)    gathering of news;

        (ii)   preparation or compiling of articles or programmes concerning
               news; or

        (iii)  observations on news or current affairs, for the purpose of
               dissemination to the public; or

   (b)  the dissemination to the public of-

        (i)    any article or programme of or concerning news; or

        (ii)   observations on news or current affairs. (Enacted 1995)

"news activity" (新聞活動)