Personal Data (Privacy) Ordinance
Part 6
6-10
Section 33
Cap. 486
(5) A requestor who contravenes any conditions specified in a
notice under subsection (1)(b)(i) commits an offence and is
liable on conviction to a fine at level 3. (Added 18 of 2012
s. 19)
33.
Prohibition against transfer of personal data to place outside
Hong Kong except in specified circumstances
(Not yet in operation)
(1) This section shall not apply to personal data other than
personal data the collection, holding, processing or use of
which—
(a) takes place in Hong Kong; or
(b) is controlled by a data user whose principal place of
business is in Hong Kong.
(2) A data user shall not transfer personal data to a place outside
Hong Kong unless—
(a) the place is specified for the purposes of this section in
a notice under subsection (3);
(b) the user has reasonable grounds for believing that there
is in force in that place any law which is substantially
similar to, or serves the same purposes as, this
Ordinance;
(c) the data subject has consented in writing to the transfer;
(d) the user has reasonable grounds for believing that, in all
the circumstances of the case—
(i) the transfer is for the avoidance or mitigation of
adverse action against the data subject;
(ii) it is not practicable to obtain the consent in writing
of the data subject to that transfer; and
(iii) if it was practicable to obtain such consent, the
data subject would give it;
Verified Copy
Last updated date
25.4.2013
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