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PART IV
DATA USER RETURNS AND REGISTER OF DATA USERS
14. Data user returns
(1) Subject to subsection (2), the Commissioner may, by notice in
the Gazette, specify a class of data users to which this section
shall apply.
(2) The Commissioner shall, before specifying a class of data
users in a notice under subsection (1), consult with—
(a) such bodies representative of data users belonging to
that class; and
(b) such other interested persons,
as he thinks fit.
(3) This section shall not apply to a data user except a data
user belonging to a class of data users specified in a notice under
subsection (1) which is in force.
(4) A data user shall submit to the Commissioner a data user
return—
(a) in the specified form;
(b) containing the prescribed information required by the
return in relation to the data user;
(c) in the case of—
(i) a data user which belongs to the class of data
users concerned on the day on which the notice
under subsection (1) specifying that class
commences, not earlier than 3 months before, and
not later than, each anniversary of that day;
(ii) a data user which first belongs to the class of
data users concerned on a day after the day on
which the notice under subsection (1) specifying
that class commences, not earlier than 3 months
before, and not later than, each anniversary of
that first-mentioned day; and
(d) accompanied by the prescribed fee.
(5) The Commissioner shall cause a notice to be published not
less than once during every period of 6 months—
(a) in—
(i) the Gazette; and
(ii) not less than 1 Chinese language newspaper (and in
the Chinese language) and not less than 1 English
language newspaper (and in the English language),
each of which shall be a newspaper circulating
generally in Hong Kong; and
(b) subject to subsection (6), specifying the places at which
and the hours during which data user returns are
available to be obtained by data users for the purposes
of this section.
(6) The Commissioner shall not exercise his power under
subsection (5)(b) to specify places which are Government offices
unless and until he has the approval in writing of the Secretary for
Home Affairs to do so.
(7) The Commissioner shall cause data user returns to be
available to be obtained by data users—
(a) free of charge; and
(b) at the places and during the hours specified in the last
notice published under subsection (5).
(8) Where any prescribed information contained in a data user
return submitted under subsection (4) to the Commissioner by a data
user changes subsequent to the submission, then the data user shall
serve a notice in writing on the Commissioner specifying such change—
(a) if, but only if—
(i) such information is specified in the return as
information to which this subsection applies; and
(ii) the return contains, or has annexed to it—
(A) a copy of this subsection; or
(B) a statement summarizing the requirement imposed
by this subsection on the data user; and
(b) not later than 30 days after such change.
(9) It is hereby declared that—
(a) a notice under subsection (1) is subsidiary legislation;
(b) where a data user belongs to 2 or more classes of data
users specified in 2 or more notices under subsection (1)
which are in force, then, for the purposes of this
section, that data user shall be deemed to belong only to
that class of data users specified in the first of those
notices to be published in the Gazette; and
(c) subsection (3) shall not operate to prejudice the
generality of section 67(4)(c).
(10) In this section and section 15, "prescribed information"
means any information specified in Schedule 3.
15. Register of data users
(1) The Commissioner shall use—
(a) data user returns submitted to him under section 14(4),
and
(b) any notices served on him under section 14(8),
to keep and maintain a register of data users which have submitted
such returns.
(2) The register shall—
(a) be in the form of a database; and
(b) contain, in respect of each data user who has submitted a
data user return under section 14(4), such particulars of
the information supplied in that return as the
Commissioner thinks fit.
(3) The Commissioner may, by notice in writing served on a data
user, require the data user to submit a notice in the prescribed form
containing such prescribed information in relation to the data user
as the Commissioner may reasonably require in order to keep and
maintain the register in so far as it relates to that data user, and
the data user shall so submit the second-mentioned notice within such
period (being a period of not less than 30 days after service of the
first-mentioned notice) and in such manner as the Commissioner
requires in the first-mentioned notice.
(4) Where any prescribed information submitted to the
Commissioner under subsection (3) by a data user changes subsequent
to the submission, then the data user shall serve a notice in writing
on the Commissioner specifying such change—
(a) if, but only if—
(i) such information is specified in the notice
concerned under that subsection as information to
which this subsection applies; and
(ii) the notice referred to in subparagraph (i)
contains, or has annexed to it—
(A) a copy of this subsection; or
(B) a statement summarizing the requirement imposed
by this subsection on the data user; and
(b) not later than 30 days after such change.
(5) If the Commissioner is satisfied that a person has ceased to
be a data user, he may delete from the register any particulars
contained therein relating to that person in that person's capacity
as a data user.
(6) A person who has ceased to be a data user may, by notice in
the specified form served on the Commissioner, request the
Commissioner to delete from the register the particulars contained
therein relating to that person in that person's capacity as a data
user, and the Commissioner shall, not later than 3 months after the
date on which he receives that notice, comply with that request
unless it has been withdrawn by that person.
16. Inspection of register
(1) The Commissioner shall provide facilities for making the
particulars contained in the register available for inspection—
(a) by any person;
(b) in visible and legible form;
(c) during ordinary office hours; and
(d) free of charge.
(2) The Commissioner shall—
(a) on receipt of an application in the specified form from a
person; and
(b) on payment of the prescribed fee,
provide a copy in writing of the particulars contained in the
register in respect of the data user, or the class of data users,
specified in the application.
17. Register shall not limit, etc. operation
of this Ordinance
(1) For the avoidance of doubt, it is hereby declared that—
(a) whether or not the register contains any particulars;
(b) any particulars contained in the register,
in respect of a data user shall not of itself—
(i) limit, restrict or qualify the operation of any of
the provisions of this Ordinance (including section
2(5) and the data protection principles) in
relation to the data user;
(ii) exempt the data user from the operation of any of
the provisions of this Ordinance.
(2) Subsection (1) shall not prejudice the operation of any
limitation, restriction, qualification or exemption provided for in
the other provisions of this Ordinance.
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Contents
[Prelim. & definitions]
[Admin.] [Codes of practice]
[Returns & register] [Data access & correction]
[Matching & transfers]
[Complaints, etc.] [Exemptions]
[Offences] [Forms, fees, etc.]
[Sched 1: Data protection principles]
[Sched 2: Finances]
[Sched 3: Prescribed information]
[Sched 4: Other ordinances]
[Sched 5: Prescribed matters]
[Sched 6: Warrants]
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