1. The Office of the Privacy Commissioner for Personal Data ("PCPD") published a new guidance note, titled "Proper Handling of Data Correction Request by Data Users", setting out general guidelines for organisational data users to handle data access requests.
2. Under the Personal Data (Privacy) Ordinance, a person may make a data correction request to the data user who holds his/her personal data where he/she considers the data inaccurate. For example, a consumer may make a data correction request to a credit reference agency if the credit data record in his credit report was found to be inaccurate. Under the Ordinance, inaccurate data means incorrect, misleading, incomplete or obsolete data.
3. The Privacy Commissioner for Personal Data, Mr. Allan Chiang, reminds organisational data users to handle data correction requests strictly in accordance with the procedural requirements under the Ordinance. Failure to handle a data correction request without reasonable excuse may be an offence, and render the offender liable on conviction to a fine.
4. In the year 2011-12, the PCPD handled 120 complaints relating to data access or correction, 33% up from the previous year.
5. "In fact, the right of data correction comes hand in hand with the data access right and the rights are underpinned by the principle of data accuracy under the Ordinance. As the Ordinance requires data users to take all practicable steps to ensure accuracy of the personal data they holds, having regard to the purpose for which the data are to be used, it is always the data users’ obligation to take all practicable steps to correct any inaccurate personal data, no matter whether a data correction request has been received, " Mr. Chiang remarked.
6. In order to facilitate data users to ensure compliance with the requirements under the Ordinance, the PCPD issues the guidance note which covers, among other things, the following:
7. This guidance note should be read in conjunction with the guidance note "Proper Handling of Data Access Request and Charging of Data Access Request Fee by Data Users", which was published by PCPD in June this year.
8. Organisational data users are welcome to attend the PCPD’s professional workshops in order to gain an in-depth understanding of the relevant provisions of the Ordinance.
For details or registration, please visit www.pcpd.org.hk (PCPD Activities > Professional Workshop on Data Protection )
Obtain a copy of the Guidance Note:
PCPC Office: 12/F., Sunlight Tower, 248 Queen’s Road East, Wan Chai, Hong Kong
Download from PCPD website: http://www.pcpd.org.hk/english/resources_centre/publications/files/dcr_e.pdf
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