L10 Web Stats Reporter 3.15
Topics



The meaning of "personal data" and the six data protection principles
Consumer credit data (relating to records of any loan or credit provided by banks or financial institutions)
Use of ID card numbers and ID card copies
Privacy in recruitment, human resources management and at work
Privacy on the Internet
Privacy regarding direct marketing and cold-calling
Complaints and penalties
Related Websites

2. Are there any situations in which the persons/companies holding personal data may be exempt from the Ordinance or the data protection principles?

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In some situations, data users may be exempt from the restrictions imposed by the Ordinance or the six data protection principles. A typical example is that personal data concerning household affairs or recreational purposes are exempt from the data protection principles ( section 52 of the Ordinance ). Keeping phone numbers of your family members for daily communication, or keeping phone numbers of your friends for arrangement of leisure activities, are examples within the categories of household affairs and recreational purposes.

Under certain circumstances, data users may be exempt from some (but not ALL) of the restrictions of the six principles. According to section 58 of the Ordinance , personal data held for the purposes of prevention or detection of crime , may be exempt from the provisions in respect of data access requests (data protection principle 6) and restrictions on use of data (data protection principle 3).

Sections 53 and 55 of the Ordinance state that personal data used for following employment-related purposes are exempt from the provisions of data access requests (data protection principle 6):

  • personal data relating to staff planning;
  • personal data generated by certain evaluative processes, including a recruitment or promotion exercise, prior to a decision being taken and where an appeal can be made against such a decision;
  • a personal reference for an appointment up to the time when the position is filled.

Under section 61 of the Ordinance , if personal data are held for the purposes of news activities, such data may be exempt from the provision in respect of data access requests (data protection principle 6) unless and until the data are published or broadcast. If the data user is of the view that the disclosure of personal data is in the public interest, then such disclosure may also be exempt from the restrictions on use (data protection principle 3).

There is an appeal case reported by the PCO concerning the issue of public interest in news activities. In this case, the principal of an academic institute disclosed personal data of his staff to newspaper reporters in order to defend the reputation of the institute in response to accusations made by the complainant. It was held by the PCO that such disclosure is in the public interest for facilitating fair and balanced reporting (please go to the PCO's Complaint Case Notes for the full details).