Personal Data (Privacy) Ordinance
Schedule 1
S1-8
Section 3
Cap. 486
data processor (資料處理者) means a person who—
(a) processes personal data on behalf of another person; and
(b) does not process the data for any of the person’s own
purposes. (Added 18 of 2012 s. 40)
3.
Principle 3—use of personal data
(1) Personal data shall not, without the prescribed consent of the
data subject, be used for a new purpose. (Amended 18 of 2012
s. 40)
(2) A relevant person in relation to a data subject may, on his or
her behalf, give the prescribed consent required for using his
or her personal data for a new purpose if—
(a) the data subject is—
(i) a minor;
(ii) incapable of managing his or her own affairs; or
(iii) mentally incapacitated within the meaning
of section 2 of the Mental Health Ordinance
(Cap. 136);
(b) the data subject is incapable of understanding the new
purpose and deciding whether to give the prescribed
consent; and
(c) the relevant person has reasonable grounds for believing
that the use of the data for the new purpose is clearly in
the interest of the data subject. (Added 18 of 2012 s. 40)
(3) A data user must not use the personal data of a data subject
for a new purpose even if the prescribed consent for so
using that data has been given under subsection (2) by a
relevant person, unless the data user has reasonable grounds
for believing that the use of that data for the new purpose is
clearly in the interest of the data subject. (Added 18 of 2012
s. 40)
Verified Copy
Last updated date
20.4.2018
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