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It contains detailed provisions to enable individuals to obtain access to and seek correction of personal data held by either private or public bodies.
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It establishes an independent statutory body the Privacy Commissioner for Personal Data - to promote and enforce compliance with the legislation.
The Privacy Commissioner is given powers to: approve and issue codes of practice giving guidance on compliance with the Bill; specify classes of data users required to submit annual returns on the kinds of personal data they hold and purposes to which the data are put for compilation on a central register of such data users; and inspect personal data systems and investigate suspected breaches of the Bill's requirements.
It subjects the transfer of personal data to places outside Hong Kong to suitable control to ensure that the privacy interests of data subjects are not adversely affected by such transfer.
It provides for a broad exemption for personal data held for domestic purposes and narrowly defined exemptions from the requirements on subject access and use limitation to cater for a variety of competing public and social interests, such as: human resources management; security, defence and international relations; the prevention and detection of crime; the assessment or collection of taxes; financial regulation; an individual's physical or mental health; and news gathering and reporting.
It provides for a variety of offences, including 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 two years. Provision is also made for an individual who suffers damage as a result of a contravention of the Bill to be entitled to compensation.
The Personal Data (Privacy) Bill will be introduced into the Legislative Council on April 19, 1995.
End/Friday, April 7, 1995
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