Personal Data (Privacy) Ordinance
Part 6
6-12
Section 34
Cap. 486
(e) the data is exempt from data protection principle 3 by
virtue of an exemption under Part 8; or (Amended 18 of
2012 s. 2)
(f) the user has taken all reasonable precautions and
exercised all due diligence to ensure that the data will
not, in that place, be collected, held, processed or used
in any manner which, if that place were Hong Kong,
would be a contravention of a requirement under this
Ordinance.
(3) Where the Commissioner has reasonable grounds for
believing that there is in force in a place outside Hong Kong
any law which is substantially similar to, or serves the same
purposes as, this Ordinance, he may, by notice in the Gazette,
specify that place for the purposes of this section.
(4) Where the Commissioner has reasonable grounds for
believing that in a place specified in a notice under subsection
(3) there is no longer in force any law which is substantially
similar to, or serves the same purposes as, this Ordinance, he
shall, either by repealing or amending that notice, cause that
place to cease to be specified for the purposes of this section.
(5) For the avoidance of doubt, it is hereby declared that—
(a) for the purposes of subsection (1)(b), a data user which
is a company incorporated in Hong Kong is a data user
whose principal place of business is in Hong Kong;
(b) a notice under subsection (3) is subsidiary legislation;
and
(c) this section shall not operate to prejudice the generality
of section 50.
34.
(Repealed 18 of 2012 s. 20)
35.
Repeated collections of personal data in same circumstances
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Last updated date
25.4.2013
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