140 / 192
10.48
A copy of the personal data requested must also be intelligible, in so far as is practicable,
unless the copy being provided is a true copy that is in itself unintelligible on the face of
it.
11
It should also be provided in at least one of the forms (e.g. soft copy, hard copy, etc.)
specified in the request in so far as this is practicable, or if no such form is specified, in
any form that the data user thinks fit.
12
In the event that it is not practicable for the data
user to provide the requested data in the form specified in the request, then it must
comply with section 19(4) of the Ordinance, which provides as follows:
(4) Where-
(a) a data access request specifies the form or forms in which a copy of the personal
data to be supplied in compliance with the request is or are sought; and
(b) the data user concerned is unable to supply the copy in that form or any of those
forms, as the case may be, because it is not practicable for the data user to do so,
then the data user shall-
(i) where there is only one form in which it is practicable for the data user to
supply the copy, supply the copy in that form accompanied by a notice in
writing informing the requestor that that form is the only form in which it is
practicable for the data user to supply the copy;
(ii) in any other case-
(A) as soon as practicable, by notice in writing inform the requestor-
(I) that it is not practicable for the data user to supply the copy in the
form or any of the forms, as the case may be, specified in the request;
(II) of the forms in which it is practicable for the data user to supply the
copy; and
(III) that the requestor may, not later than 14 days after the requestor has
received the notice, specify in writing one of the forms referred to in
sub-subparagraph (II) in which the copy is to be supplied; and
(B) as soon as practicable, supply the copy-
(I) in the form specified in the response, if any, to the notice referred to in
subparagraph (A);
(II) if there is no such response within the period specified in
subparagraph (A)(III), supply the copy in any one of the forms referred
to in subparagraph (A)(II) as the data user thinks fit.
Data Access Request Made to the Hong Kong Police Force for Criminal Conviction
Records
10.49
It is not uncommon for individuals to make data access requests to the police for
personal data relating to their criminal records. Two kinds of services are provided by the
police, namely, Certificate of No Criminal Conviction or Criminal Conviction Data
Access. In processing the application for Certificate of No Criminal Conviction, if no
criminal conviction is found, the police will send the certificate to the relevant consulate
or immigration authority directly. In processing the application for Criminal Conviction
11
Section 19(3)(c)(i) of the Ordinance.
12
Section 19(3)(c)(iv) and (v) of the Ordinance.