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PCPD Club contact & selected highlights

Privacy Commissioner for Personal Data (PCPD)

The PCPD is an independent body set up to oversee the implementation of and compliance with the provisions of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) (the Ordinance). The PCPD strives to ensure the protection of the privacy of individuals in relation to personal data through monitoring and supervising compliance with the Ordinance, enforcing its provisions and promoting the culture of protecting and respecting personal data.

 

Established in August 1996, the PCPD is headed by the Privacy Commissioner for Personal Data and comprises different functional units, including the Complaints Division, Criminal Investigation Division, Compliance & Enquiries Division, Legal Division, Global Affairs & Research Division, Corporate Communications Division and Corporate Support Division.

Selected headlines

Offence for disclosing personal data obtained without consent

Examples:

  • Sale by an employee of a company of customers’ personal data without the company’s consent, and for which he received payment from the purchaser.

  • Disclosure by a clinic staff of a celebrity’s health records, which he obtained without the clinic’s consent and the disclosure caused psychological harm to the celebrity.

Section number
Description of Offence
Maximum Financial Penalty
Maximum Imprisonment Sentence
35C(5)
A data user uses personal data in direct marketing without taking specified actions to give notice to the data subject
HK$500,000
3 years
14(11)
A data user knowingly or recklessly supplies false or misleading information in a data user return or change notice
HK$10,000
6 months
64(1)&(2)
A person discloses personal data obtained without consent from data user (i) with intent to gain or to cause loss to the data subject; or (11) the disclosure causes psychological harm to the data subject
HK$1,000,000
5 years
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