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3.2.2 |
where the collection of the identity card number of the individual by the data user is permissible under Part II of this Code, and the copy of the identity card is collected furthermore by the data user: |
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3.2.2.1 |
in order to provide proof of compliance with any statutory requirement on the part of the data user; |
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Note: |
For example, an employer may collect a copy of the identity card of an employee as proof of compliance on the part of the employer of section 17J of the Immigration Ordinance (Cap.115), which requires the employer to inspect the ID card of a prospective employee before employing him. |
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3.2.2.2 |
in order to comply with a requirement to collect such copy as contained in any code, rules, regulations or guidelines applicable to the data user issued by a regulatory or professional body, which requirement has been endorsed in writing by the Privacy Commissioner as being in accordance with Data Protection Principle 1 of the Ordinance; |
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Note: |
For example, banks are permitted under this paragraph to collect copies of the identity card of their customers in compliance with the relevant requirement contained in the Money Laundering Guidelines issued by the Hong Kong Monetary Authority, which requirement has been endorsed in writing by the Privacy Commissioner. |
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3.2.2.3 |
as the means to collect or check the identity card number of the individual, who has been given the alternative of physical production of his identity card in lieu of collection of such copy by the data user but has chosen not to do so; |
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Note: |
A common example of such collection would be the Transport Department receiving applications for driver licence, which individuals may choose to make either in person or by post. Even where the predominant way for a data user to collect ID card numbers is through the collection of ID card copies sent to it by mail or by fax, e.g. in the case of a service provider without any retail outlets, an option should still be made available for individuals who prefer to do so to present their ID cards in person in lieu of providing ID card copies to the data user. In the example of the above service provider, this may mean allowing customers to attend the office of the service provider to show their ID cards. 3.2.2.4 to enable the issuance of an officially recognized travel document; |
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3.2.2.4 |
to enable the issuance of an officially recognized travel document; |
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3.2.2.5 |
for the exercise of a judicial or quasi-judicial function by the data user. |
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