Personal Data (Privacy) Ordinance
Part 3
3-6
Section 13
Cap. 486
(a) such bodies representative of data users to which the
code or the code as so revised, as the case may be, will
apply (whether in whole or in part); and
(b) such other interested persons,
as he thinks fit.
(10) For the avoidance of doubt, it is hereby declared that different
codes of practice may be approved under subsection (1)
(including any code of practice referred to in subsection (8))
for different classes of data users, and may be so approved for
the same or different requirements referred to in subsection
(1).
13.
Use of approved codes of practice in proceedings under this
Ordinance
(1) A failure on the part of any data user to observe any provision
of an approved code of practice shall not of itself render the
data user liable to any civil or criminal proceedings but where
in any proceedings under this Ordinance a data user is alleged
to have contravened a requirement under this Ordinance,
being a requirement for which there was an approved code of
practice at the time of the alleged contravention, subsection (2)
shall have effect with respect to such code in relation to those
proceedings.
(2) Any provision of a code of practice which appears to
a specified body to be relevant to a requirement under
this Ordinance alleged to have been contravened shall
be admissible in evidence in the proceedings under this
Ordinance concerned and if it is proved that there was at any
material time a failure to observe any provision of the code
which appears to that body to be relevant to any matter which
it is necessary to prove in order to establish a contravention
of such requirement, that matter shall be taken as proved in
the absence of evidence that such requirement was in respect
Verified Copy
Last updated date
20.4.2018
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