Personal Data (Privacy) Ordinance
Part 1
1-18
Section 2
Cap. 486
(4) Subject to section 64A, any reference in this Ordinance to the
effect that a data user (howsoever described)— (Amended 18
of 2012 s. 3; 17 of 2018 s. 126)
(a) has contravened a requirement under this Ordinance; or
(b) is contravening a requirement under this Ordinance,
includes—
(i) where paragraph (a) is applicable, any case where the
data user has done an act, or engaged in a practice, in
contravention of a data protection principle;
(ii) where paragraph (b) is applicable, any case where the
data user is doing an act, or engaging in a practice, in
contravention of a data protection principle.
(5) Notwithstanding any other provisions of this Ordinance,
a complaint may be made (and an investigation, if any,
initiated by the complaint may be carried out) in relation to
a person who has ceased to be a data user except any such
person who has not at any time been a data user during the
period of 2 years immediately preceding the date on which
the Commissioner receives the complaint and, accordingly,
a person in relation to whom such a complaint is made shall
for the purposes of such complaint (and an investigation, if
any, initiated by such complaint) be deemed to be a data user,
and the other provisions of this Ordinance shall be construed
accordingly.
(6) Any reference in this Ordinance to a data protection principle
followed by a number is a reference to the principle bearing
that number set out in Schedule 1.
(7) The Chief Executive may, by notice in the Gazette, specify a
person to be a regulator for the purposes of the definition of
financial regulator. (Amended 34 of 1999 s. 3)
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Last updated date
20.4.2018
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