Is the data processing causing prejudice to the data subject?
8
.
Does the data have a disproportionately negative privacy
impact on the data, subject?
Does the search result link to information that puts the data
9
.
subject at risk?
10
.
In what context was the information published?
a
.
Was the content voluntarily made public by the data
subject?
b
.
Was the content intended to be made public? Could the
data subject have reasonably known that the content
would be made public?
11. Was the original content published in the context ofjournalistic
purposes?
12. Does the publisher of the data have a legal power - or a legal
obligation - to make the personal data publicly available?
13. Does the data relate to a criminal offence?"
91.
The privacy law as codified in the Ordinance is a self-contained
legislation in Hong Kong.
The relevant provisions governing the
protection of data subjects are set out in the terms under DPP2 and section
26 of the Ordinance. The "right to be forgotten" which contains a concept
62
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