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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