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(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.
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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.
___________________________
___________________________________________
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)