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1
PERSONAL DATA (PRIVACY) ORDINANCE
DATA ACCESS REQUEST FORM
Important Notice to Requestor
1. Please read this Form and the footnotes carefully before completing this Form. Where this
Form contains a summary of the relevant requirements under the Personal Data (Privacy)
Ordinance (“the PDPO”), the summary is provided for reference purpose only. For a complete
and definitive statement of the law, please refer to the PDPO itself.
2. This Form is specified by the Privacy Commissioner for Personal Data (“the Commissioner”)
under section 67(1) of the PDPO with effect from 1 October 2012. The data user may refuse to
comply with your data access request (“your request”) if it is not made in this Form (see section
20(3)(e) of the PDPO).
3. Please complete this Form in Chinese or English. The data user may refuse to comply with your
request if your request is not made in either language (see section 20(3)(a) of the PDPO).
4. To make a data access request, you must either be the data subject or a “relevant person” as
defined in section 2 or 17A of the PDPO (please refer to Part III of this Form).
5. You are not entitled to access data which is not personal data or personal data not belonging to
you (see section 18(1) of the PDPO). The data user is only required to provide you with a copy
of your personal data rather than a copy of the document containing your personal data. In
most situations, the data user may elect to provide a copy of the document concerned. If the
personal data you request is recorded in an audio form, the data user may provide a transcript of
that part of the audio record which contains your personal data.
6. It is important that you specify in this Form clearly and in detail the personal data that you
request. The data user may refuse to comply with your request if you have not supplied him
with such information as he may reasonably require to locate the requested data (see section
20(3)(b) of the PDPO). If you supply any false or misleading information in this Form for the
purpose of having the data user comply with your request, you may commit an offence (see
section 18(5) of the PDPO).
7. Do not send this Form to the Commissioner. The completed Form should be sent directly to the
data user to whom you make your request.
8. The data user may require you to provide identity proof such as your Hong Kong Identity Card
and may charge a fee for complying with your request (see sections 20(1)(a) and 28(2) of the
PDPO).
9. The data user may refuse to comply with your request in the circumstances specified in section
20 of the PDPO.
2
Important Notice to Data User
1. You are required by section 19(1) of the PDPO to comply with a data access request within 40
days after receiving the same. To comply with a data access request means: (a) if you hold the
requested data, to inform the requestor in writing that you hold the data and supply a copy of the
data; or (b) if you do not hold the requested data, to inform the requestor in writing that you do
not hold the data (except that the Hong Kong Police may inform the requestor orally if the
request is whether it holds any record of criminal conviction of an individual). A mere
notification given to the requestor to collect the requested data or a note sent to the requestor for
payment of a fee is insufficient. In complying with the request, you should omit or otherwise
not disclose the names or other identifying particulars of individuals other than the data subject.
2. If you are unable to comply with the data access request within the 40-day period, you must
inform the requestor by notice in writing that you are so unable and the reasons, and comply with
the request to the extent, if any, that you are able to within the same 40-day period, and
thereafter comply or fully comply, as the case may be, with the request as soon as practicable (see
section 19(2) of the PDPO).
3. If you have a lawful reason for refusing to comply with the request pursuant to section 20 of the
PDPO, you must give the requestor written notification of your refusal and your supporting
reasons within the same 40-day period (see section 21(1) of the PDPO).
4. It is an offence not to comply with a data access request in accordance with the requirements
under the PDPO. Any data user convicted of such an offence is liable to a fine at level 3
(currently set at HK$10,000) (see section 64A(1) of the PDPO).
5. You may charge a fee for complying with a data access request, but section 28(3) of the PDPO
provides that “no fee imposed for complying with a data access request shall be excessive”. The
PDPO does not define the meaning of “excessive” with regard to imposing a data access request
fee. According to the principle laid down in the decision of Administrative Appeal No. 37/2009,
a data user is only allowed to charge the requestor for the costs which are “directly related to and
necessary for” complying with a data access request.
6. You shall refuse to comply with a data access request –
(a) if you are not supplied with such information as you may reasonably require –
(i) in order to satisfy you as to the identity of the requestor;
(ii) where the requestor purports to be a relevant person, in order to satisfy you –
(A) as to the identity of the individual in relation to whom the requestor
purports to be such a person; and
(B) that the requestor is such a person in relation to that individual;
(b) subject to section 20(2) of the PDPO, if you cannot comply with the request without
disclosing personal data of which any other individual is the data subject unless you are
satisfied that the other individual has consented to the disclosure of the data to the
requestor; or
3
(c) in any other case, if compliance with the request is for the time being prohibited under the
PDPO or any other Ordinance.
(see section 20(1) of the PDPO)
Section 20(2) of the PDPO provides that section 20(1)(b) (i.e. paragraph 6(b) above) shall not
operate -
(a) so that the reference in that subsection to personal data of which any other individual is
the data subject includes a reference to information identifying that individual as the
source of the personal data to which the data access request concerned relates unless that
information names or otherwise explicitly identifies that individual;
(b) so as to excuse you from complying with the data access request concerned to the extent
that the request may be complied with without disclosing the identity of the other
individual, whether by the omission of names, or other identifying particulars, or
otherwise.
7. You may refuse to comply with a data access request if –
(a) the request is not in writing in the Chinese or English language;
(b) you are not supplied with such information as you may reasonably require to locate the
personal data to which the request relates;
(c) the request follows 2 or more similar requests made by-
(i) the individual who is the data subject in respect of the personal data to which the
request relates;
(ii) one or more relevant persons on behalf of that individual; or
(iii) any combination of that individual and those relevant persons,
and it is unreasonable in all the circumstances for you to comply with the request;
(d) subject to section 20(4), any other data user controls the use of the data in such a way as to
prohibit you from complying (whether in whole or in part) with the request;
(e) the request is not made by use of this Form (but you are strongly advised to respond to the
request if it substantially contains the scope and details of the requested data because
reliance of this ground of refusal is merely technical and the requestor may simply lodge
another request using this Form);
(ea) you are entitled under the PDPO or any other Ordinance not to comply with the request; or
(f) in any other case, compliance with the request may for the time being be refused under the
PDPO, whether by virtue of an exemption under Part VIII or otherwise.
(see section 20(3) of the PDPO)
Section 20(4) of the PDPO provides that section 20(3)(d) (i.e. paragraph 7(d) above) shall not
operate so as to excuse you from complying with the data access request concerned –
(a) in so far as the request relates to section 18(1)(a), to any extent;
(b) in so far as the request relates to section 18(1)(b), to any extent that you can comply with
the request without contravening the prohibition concerned.
4
1
Please fill in the full name of the Data User to whom the data access request is addressed.
2
If you have previously been informed by the Data User of the name and/or job title of the person to whom such a data access
request may be made, please fill in here the name and/or job title of such person.
3
For Data Subject who is Hong Kong Identity Card holder. Please note that the information may assist the Data User to retrieve or
locate the Requested Data. The identity card number needs not be provided in this Form if you have reasonable grounds to
believe that this will not be necessary for the unique identification of the Data Subject by the Data User in the circumstances.
4
The Data User may require reasonably sufficient personal information from you to satisfy itself as to your identity before it can
comply with this data access request.
Part I: Data User
Particulars of the Data User to whom this data access request is made
Name
1
(full name in block letters):
___________________________________________________________________________________________
(for the attention of
2
___________________________________________________)
Address: ___________________________________________________________________________________
___________________________________________________________________________________________
Part II: Data Subject
Particulars of the Data Subject making this data access request
Name in English (full name in block letters, surname first): ________________________________________
Name in Chinese (if any): _____________________________________________________________________
Personal identifier, e.g. Hong Kong Identity Card number
3
/ passport number or other
identification number previously assigned by the Data User (if any, such as student number,
staff number, patient number, account number, membership number or other reference
number): ___________________________________________________________________________________
Correspondence address: ______________________________________________________________________
___________________________________________________________________________________________
Day time contact phone number: _______________________________________________________________
Email address (if any): ________________________________________________________________________
[This part must be completed if this request is made by a Requestor other than the Data Subject]
Part III: The Requestor
Particulars and capacity of the Requestor
4
Name in English (full name in block letters, surname first): ________________________________________
Name in Chinese (if any): _____________________________________________________________________
Correspondence address: ______________________________________________________________________
___________________________________________________________________________________________
Day time contact phone number: _______________________________________________________________
Email address (if any): ________________________________________________________________________
5
This data access request is made in my capacity as a “relevant person” on behalf of the Data Subject as
follows:
the Data Subject is a minor and I have parental responsibility over the Data Subject;
the Data Subject is incapable of managing his/her own affairs and I have been appointed by a
court to manage those affairs;
the Data Subject is mentally incapacitated within the meaning of section 2 of the Mental Health
Ordinance (Cap. 136), and :-
(i) I have been appointed under section 44A, 59O or 59Q of that Ordinance to be his/her
guardian; or
(ii) I have been vested the guardianship of the Data Subject or I have to perform the functions
of the appointed guardian under section 44B(2A) or (2B) or 59T(1) or (2) of that
Ordinance; or
I am authorized in writing by the Data Subject to make this data access request on his/her behalf.
(Please give a tick in the appropriate box)
In proof of my above capacity, I hereby enclose the following:-
copy of birth certificate
copy of court order
written authorization
others, please specify : _________________________________________________________________
(Please tick and complete where appropriate)
Part IV: The Requested Data
This data access request is made under section 18(1) of the PDPO for the following personal data of
the Data Subject, except those specifically excluded under Part V of this Form:-
Description of the Requested Data
5
:
Date around which or period within which the Requested Data was collected (if known):
The name of the branch or staff member of the Data User who collected the Requested Data (if known):
5
Please specify clearly and in detail the personal data requested (e.g. personal data contained in appraisal reports, medical records,
credit reports) including further information, if any, such as the particular incident or transaction in association with it, the
circumstances under which the personal data was collected or held, etc. to facilitate the location of the Requested Data. Too
general a description of the Requested Data, such as “all of my personal data”, may render the request being refused by the Data
User pursuant to section 20(3)(b) of the PDPO where the Data User is not supplied with such information as it may reasonably
require to locate the personal data to which the request relates.
6
Part V: Exclusions
I do not require any personal data
6
which is:
contained in documents which had previously been provided to the Data User by the Data Subject
(e.g. letters to the Data User and/or the Requestor from the Data Subject)
contained in documents which had previously been provided to the Data Subject by the Data User
(e.g. letters to the Data Subject and/or the Requestor from the Data User or documents the Data
User had provided to the Data Subject and/or the Requestor pursuant to a previous request)
in the public domain (e.g. newspaper clippings or entries in public registers concerning the Data
Subject)
set out below (please describe as fully as possible):
(Please tick and complete where appropriate)
Part VI: The Request
I hereby request you:-
(a) to inform me whether you hold the Requested Data
7
(b) to supply to me a copy of the Requested Data that you hold
8
, subject to the exclusions in Part V
above
both (a) and (b)
(Please give a tick in the appropriate box)
Part VII: Preferred Manner of Compliance
I would prefer that you
9
:
send by registered mail a copy of the Requested Data to me at my correspondence address given in
this Form
send by ordinary mail a copy of the Requested Data to me at my correspondence address given in
this Form
supply to me a copy of the Requested Data in the *English/Chinese/in the language in which the
data is held
10
(*Please delete where appropriate).
supply to me a copy of the Requested Data in the form of _____________________________________
(e.g. computer disk, microfilm, etc.)
11
(Please tick and complete where appropriate)
6
Please tick to exclude, as far as possible, any personal data that you do not wish to include in the scope of the Requested Data.
This may help to avoid any unnecessary delay or charge in complying with the data access request.
7
By ticking this box, the Requestor indicates that he is requesting only for a confirmation of “Yes” or “No” as to whether the Data
User holds the Requested Data and is not requesting the Data User to provide a copy of the Requested Data.
8
By ticking this box, the Requestor indicates that he is requesting only for a copy of the Requested Data. If the Data User does not
hold the Requested Data, the Data User will need to notify the Requestor in writing that it does not hold the data. Please refer to
paragraph 1 of “Important Notice to Data User” for exception to written notification.
9
However, compliance with the data access request may not be in the preferred manner where it is not reasonably practicable to do
so.
10
If the language specified is not the language in which the data is held, subject to section 20(2)(b), it will be sufficient for the Data
User to provide a true copy of the document which contains the data.
11
If the Data User is unable to supply the form as specified because it is not practicable for the Data User to do so, it will be
sufficient to supply the data in the form which it is practicable for the Data User to supply and accompanied by a written notice to
inform the Requestor of the same.
7
Part VIII: Further Information and Payment
I understand that before complying with this request, you may require me to provide
12
:
(a) proof of my identity;
(b) proof of the Data Subject’s identity if I am making this request as a relevant person and further
proof of my status as a relevant person;
(c) such further information as may be reasonably required for you to locate the Requested Data;
(d) payment of a fee charged under section 28 of the PDPO
13
.
Part IX: Use of Personal Data
Except with the prescribed consent of the individual concerned, the personal data provided in this Form
will be used for the purpose of processing this data access request and other directly related purposes
only.
___________________________ ___________________________________________
Date Signature of the Requestor
12
Failure to provide the information as required by the Data User under this Part may result in the data access request being refused,
or not being complied with to the desired extent.
13
Sections 28(2) and (3) of the PDPO provide that a fee may be charged for complying with a data access request made under section
18(1)(a) or (b), which fee shall not be excessive. According to section 28(5) of the PDPO, compliance with a data access request
may be refused unless and until any such fee has been paid.
Form OPS003 (revised 09/2012)
f008/2012)
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