The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.
(74) YOUR PRIVACY RIGHTS EXPLAINED
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The Personal Data (Privacy) Ordinance came into effect on 20 December 1996 to protect the privacy of individuals with respect to their personal data.
Under the Ordinance, personal data are recorded information, including expressions of opinions, relating to an identifiable living individual, which are organized in such a way that they can be processed or retrieved. Examples are name, telephone number, address, sex, age, occupation, marital status, salary, financial status, nationality, photo, identity card number, medical and employment records, including assessments of employment performance.
In addition, apart from personal data in written forms, other forms of personal data are also included, such as personal data stored in audio and video tapes. The Ordinance also covers personal information held in manual and computer files.
Under the Ordinance, you have the following privacy rights.
First, when you provide your personal data to the organizations or persons concerned, i.e. the data users, you have the right to give no more of your personal data than are necessary for the purpose for which the data are collected. Also, you have the right to be informed of the purposes for which the personal data collected from you are to be used and the classes of persons to whom the data may be transferred. You have the right to have your personal data collected by fair and lawful means for directly related purposes.
Secondly, you have the right to require a data user that your personal data are kept accurate and up-to-date and the data are kept for no longer than necessary.
Thirdly, data users must first obtain your consent before your personal data are to be used for any purpose other than the purpose as stated at the time of the collection of the data or the data be used for a purpose not directly related with that stated purpose.
Fourthly, you have the right to ask a data user to take security measures to ensure that your personal data are protected against unauthorized access, processing, erasure and other use.
Fifthly, you have the right to ask a data user to disclose its personal data policies and practices and the kind of personal data held and the main purpose for which they are used.
Sixthly, you have the right to obtain confirmation from a data user whether he holds any personal data relating to you. If this is in the affirmative, you have the right to obtain from him a copy of the personal data relating to you and to correct any data contained therein which is found to be incorrect. The data user concerned should respond to you within 40 days on receipt of the request.
If you have any query about your privacy rights, please call the Privacy Commissioner's Office Hotline on 2827 2827.
Date: 19th December 2002