In Hong Kong, an individual’s right to make an Access Request is expressly conferred by section 18of the Personal Data (Privacy) Ordinance which enables individuals to ascertain whether data users hold any personal data relating to them, and if so, to obtain a copy of such data. Individuals also have the right to request the correction of any inaccuracies contained in such data. Data users are required under the Ordinance to notify individuals of such access/correction rights, on or before the first use of their personal data. As described in this blog entry, the Hong Kong Privacy Commissioner for Personal Data recently issued a guidance note titled “Proper Handling of Data Access Request and Charging of Data Access Request Fee by Data Users” to provide data users with guidance on how to comply with data access requests as well as how to calculate the fees to be charged in connection with such Access Requests.
The Hong Kong Personal Data (Privacy) Amendment Ordinance was passed on 27 June 2012. This ends a nearly three year process initially spurred by the need to bring the existing legislation in line with technological and other advancements that occurred since it was enacted in 1996.
Organisations in Hong Kong are required under the Personal Data (Privacy) Ordinance to erase personal data when the data is no longer required for the purpose for which it was collected.
The Hong Kong Privacy Commissioner for Personal Data recently has published a Guidance Note, entitled “Guidance on Personal Data Erasure and Anonymisation,” which is relevant to compliance under the Ordinance.