Personal Data (Privacy) Ordinance
Part 8
8-10
Section 57
Cap. 486
individual referred to in paragraph (b) has been informed
in writing that he has been accepted or rejected to fill
that position or office (or words to the like effect),
whichever first occurs.
57.
Security, etc. in respect of Hong Kong
(1) Personal data held by or on behalf of the Government for the
purposes of safeguarding security, defence or international
relations in respect of Hong Kong is exempt from the
provisions of data protection principle 6 and section 18(1)(b)
where the application of those provisions to the data would
be likely to prejudice any of the matters referred to in this
subsection. (Amended 18 of 2012 s. 2)
(2) Personal data is exempt from the provisions of data protection
principle 3 in any case in which— (Amended 18 of 2012 s. 2)
(a) the use of the data is for any of the purposes referred to
in subsection (1) (and whether or not the data is held for
any of those purposes); and (Amended 18 of 2012 s. 2)
(b) the application of those provisions in relation to such
use would be likely to prejudice any of the matters
referred to in that subsection,
and in any proceedings against any person for a contravention
of any of those provisions it shall be a defence to show that
he had reasonable grounds for believing that failure to so use
the data would have been likely to prejudice any of those
matters.
(3) Any question whether an exemption under subsection (1) is
or at any time was required in respect of any personal data
may be determined by the Chief Executive or Chief Secretary
for Administration; and a certificate signed by the Chief
Executive or Chief Secretary for Administration certifying
that the exemption is or at any time was so required shall be
Verified Copy
Last updated date
25.4.2013
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