Personal Data (Privacy) Ordinance
Part 9
9-8
Section 66
66.
Cap. 486
Compensation
(1) Subject to subsection (4), an individual who suffers damage
by reason of a contravention—
(a) of a requirement under this Ordinance;
(b) by a data user; and
(c) which relates, whether in whole or in part, to personal
data of which that individual is the data subject,
shall be entitled to compensation from that data user for that
damage.
(2) For the avoidance of doubt, it is hereby declared that damage
referred to in subsection (1) may be or include injury to
feelings.
(3) In any proceedings brought against any person by virtue of
this section it shall be a defence to show that—
(a) he had taken such care as in all the circumstances
was reasonably required to avoid the contravention
concerned; or
(b) in any case where the contravention concerned occurred
because the personal data concerned was inaccurate,
the data accurately record data received or obtained by
the data user concerned from the data subject or a third
party. (Amended 18 of 2012 s. 38)
(4) Where an individual suffers damage referred to in subsection
(1) by reason of a contravention referred to in that subsection
which occurred because the personal data concerned was
inaccurate, then no compensation shall be payable under
that subsection in respect of so much of that damage that
has occurred at any time before the expiration of 1 year
immediately following the day on which this section
commences. (Amended 18 of 2012 s. 38)
Verified Copy
Last updated date
25.4.2013
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