Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 54

Employment - transitional provisions

(1) Personal data-

   (a)  held by a data user-

        (i)    immediately before the appointed day;

        (ii)   who is the employer of the data subject; and

        (iii)  relating to the employment of the subject; and

   (b)  provided by an individual on the implicit or explicit condition that
        the subject would not have access to the data, are exempt from the
        provisions of data protection principle 6 and section  18 (1)(b) until
        the expiration of 7 years immediately following the enactment of this
        Ordinance.

(2) Personal data-

   (a)  to which subsection (1)(a) applies; or

   (b)  held by a data user-

        (i)    but not so held at any time before the appointed day;

        (ii)   who is the employer of the data subject; and

        (iii)  relating to the employment of the subject, are exempt from the
               provisions of data protection principle 6 and section  18
               (1)(b) until 1 July 1996. (Enacted 1995)