Personal Data (Privacy) Ordinance Schedule 1 S1-8 Section 3 Cap. 486 data processor (資料處理者) means a person who— (a) processes personal data on behalf of another person; and (b) does not process the data for any of the person’s own purposes. (Added 18 of 2012 s. 40) 3. Principle 3—use of personal data (1) Personal data shall not, without the prescribed consent of the data subject, be used for a new purpose. (Amended 18 of 2012 s. 40) (2) A relevant person in relation to a data subject may, on his or her behalf, give the prescribed consent required for using his or her personal data for a new purpose if— (a) the data subject is— (i) a minor; (ii) incapable of managing his or her own affairs; or (iii) mentally incapacitated within the meaning of section 2 of the Mental Health Ordinance (Cap. 136); (b) the data subject is incapable of understanding the new purpose and deciding whether to give the prescribed consent; and (c) the relevant person has reasonable grounds for believing that the use of the data for the new purpose is clearly in the interest of the data subject. (Added 18 of 2012 s. 40) (3) A data user must not use the personal data of a data subject for a new purpose even if the prescribed consent for so using that data has been given under subsection (2) by a relevant person, unless the data user has reasonable grounds for believing that the use of that data for the new purpose is clearly in the interest of the data subject. (Added 18 of 2012 s. 40) Verified Copy Last updated date 20.4.2018

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