Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 66

Compensation

(1) Subject to subsection (4), an individual who suffers damage by reason of a
contravention-

   (a)  of a requirement under this Ordinance;

   (b)  by a data user; and

   (c)  which relates, whether in whole or in part, to personal data of which
        that individual is the data subject, shall be entitled to compensation
        from that data user for that damage.

(2) For the avoidance of doubt, it is hereby declared that damage referred to
in subsection (1) may be or include injury to feelings.

(3) In any proceedings brought against any person by virtue of this section it
shall be a defence to show that-

   (a)  he had taken such care as in all the circumstances was reasonably
        required to avoid the contravention concerned; or

   (b)  in any case where the contravention concerned occurred because the
        personal data concerned were inaccurate, the data accurately record
        data received or obtained by the data user concerned from the
        data subject or a third party.

(4) Where an individual suffers damage referred to in subsection

(1) by reason of a contravention referred to in that subsection which occurred
because the personal data concerned were inaccurate, then no compensation
shall be payable under that subsection in respect of so much of that damage
that has occurred at any time before the expiration of 1 year immediately
following the day on which this section commences. (Enacted 1995)