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23 -
The Bill also seeks to strike a balance between privacy with respect to personal data and the right to gather and report news. Accordingly, in Part VIII there is an exemption from the subject access provision for personal data held for news gathering and reporting purposes prior to the publication or broadcasting of the data concerned. Provision is also made for an exemption from the use limitation provisions to allow personal data collected for other purposes to be passed on for publication where this is in the public interest. In addition, personal data held for the purposes related to news gathering and reporting are exempt from the Privacy Commissioner's power to inspect personal data systems and investigate suspected breaches of the Bill's requirements other than on complaint.
Part IX of the Bill provides for offences and compensation. The offences include non-compliance with an enforcement notice issued by the Privacy Commissioner, which carries a fine in the range of $25,001 to $50,000 and imprisonment for 2 years. Provision is made for an individual who suffers damage, including injury to feelings, as a result of a contravention of a requirement of the Bill to be entitled to compensation. This would be assessed by the court under normal civil proceedings. Provision is made for reasonable care by a user of personal data to be a defence in such proceedings.
Mr President, I move that the Second Reading debate for this Bill be now adjourned.
End/Wednesday, April 19, 1995
Companics (Amendment) Bill 1995
Following is a speech by the Secretary for Financial Services, Mr Michael Cartland, in moving the second reading of the Companies (Amendment) Bill 1995 in the Legislative Council today (Wednesday):
Mr President,
I move the second reading of the Companies (Amendment) Bill 1995.
There are three main objectives in these proposed amendments to the Companies Ordinance. They first of all seek to introduce a new class of preferential payment for depositors in the event of the liquidation of a bank. Secondly they provide for the use of either Chinese or English under various provisions in the Ordinance; and thirdly they enable the use of certificates of incorporation with pre-printed signatures by the Companies Registry.