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.




(820) YOUR PRIVACY RIGHTS EXPLAINED

Voice

Under the Personal Data (Privacy) Ordinance, personal data are recorded information relating to a living individual. It can identify the person and is 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. Assessments of employment performance as well as expression of opinions are also personal data covered in the Ordinance.

In addition, apart from personal data in written forms, other forms of personal data are also included, such as personal data stored in optical discs and USB flash memories. Under the Ordinance, your privacy rights can be understood in six aspects:

First, when you provide your personal data to a data user (be it an organization or a person, 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 how the personal data collected from you will be used and the classes of persons to whom the data may be transferred. You have the right to have your personal data collected in a fair and lawful way for directly related purposes.

Secondly, you have the right to require a data user to keep your personal data accurate and up-to-date, and the data are kept for no longer than necessary.

Thirdly, data users must obtain your consent before your personal data are to be used for a new purpose.

Fourthly, you have the right to ask a data user to take security measures to protect your personal against unauthorised access, processing, erasure and loss or 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 so, you have the right to obtain from the data user a copy of the personal data relating to you and to access or 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.

The Office of the Privacy Commissioner for Personal Data ("the PCPD") has launched a Legal Assistance Scheme on 1 April 2013 to assist those aggrieved by personal data privacy intrusions to seek compensation from the data user for damage, including injury to feelings.

If you have any query about your privacy rights, please call the PCPD Hotline on 2827 2827.

Date of amendment: 1st April 2013