TNAG-1613-FCO40-2221-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 126

GF 323

CONFIDENTIAL #3

機密

Appendix I

Data Protection Principles and Administrative Guidelines

Definitions of some specific terms

1. (a)

(b)

(c)

(a)

"Data" means information recorded in a form in which it can be processed by equipment operating automati- cally in response to instructions given for that purpose.

"Personal data" means data consisting of information which relates to a living individual who can be iden- tified from that information for from that and other information in the possession of the data user), including any expression of opinion about the individual but not any indication of the intentions of the data user in respect of that individual.

"Data subject" means an individual who is the subject of personal data.

"Processing", in relation to data, means amending, augmenting, deleting or re-arranging the data or extracting the information constituting the data and, in the case of personal data, means performing any of those operations by reference to the data subject.

Data Protection Principles

2.

In administering the development and operations of computer systems which record and process personal data, departments should observe, whenever possible and where appro- priate, the following data protection principles (with the exception of the seventh principle, see paragraph 3).

The first principle The information to be contained in personal data shall be obtained and personal data shall be processed, fairly and lawfully.

Note:

(a)

In determining whether information was obtained fairly regard shall be had to the method by which it was obtained, including in particular whether any person from whom it was obtained was deceived or misled as to the purpose or purposes for which it is to be held.

(b)

Information shall in any event be treated as obtained fairly if it is obtained from a person who

(i) is authorised by or under any enactment to

supply it; or

(ii) is required to supply it by or under any

enactment or by any convention or other instrument imposing an international obligation on Hong Kong.

CONFIDENTIAL #2

¡ . . . .

“... ་། '༄ ་ ་་