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Case Notes

This case related to Jurisdiction of Personal Data (Privacy) Ordinance

Case No.:2001E17

Whether disclosure by a private investigator of his client's information as the result of physical violence to him contravenes the Personal Data (Privacy) Ordinance ("the Ordinance").

Q: I have engaged a private detective to detect whether my husband is committing adultery in mainland China. However, the activities of the private detective were discovered by my husband. He was beaten up by my husband and disclosed to him my personal data. The question is whether the private detective had, in disclosing the personal data without my prior consent, breached any provisions of the Ordinance.

A: If the private detective was forced to disclose your identity as the result of physical violence to him, it appears to us that the disclosure in such circumstances did not amount to contravention of the requirement of the Ordinance.


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