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PERSONAL DATA (PRIVACY) ORDINANCE
DATAACCESS 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.
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Part VIII: Further Information and Payment
I understand that before complying with this request, you may require me to provide
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:
(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
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.
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.
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Date
Signature of the Requestor
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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.
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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)