Personal Data (Privacy) Ordinance Part 9 9-2 Section 64 Cap. 486 Part 9 Offences and Compensation 64. Offences for disclosing personal data obtained without consent from data users (1) A person commits an offence if the person discloses any personal data of a data subject which was obtained from a data user without the data user’s consent, with an intent— (a) to obtain gain in money or other property, whether for the benefit of the person or another person; or (b) to cause loss in money or other property to the data subject. (2) A person commits an offence if— (a) the person discloses any personal data of a data subject which was obtained from a data user without the data user’s consent; and (b) the disclosure causes psychological harm to the data subject. (3) A person who commits an offence under subsection (1) or (2) is liable on conviction to a fine of $1,000,000 and to imprisonment for 5 years. (4) In any proceedings for an offence under subsection (1) or (2), it is a defence for the person charged to prove that— (a) the person reasonably believed that the disclosure was necessary for the purpose of preventing or detecting crime; (b) the disclosure was required or authorized by or under any enactment, by any rule of law or by an order of a court; Verified Copy Last updated date 25.4.2013

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