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Personal Data(Privacy) Ordinance - Data Access Request Form

If the request is made by a Requestor (not the Data Subject), since there will be document proof needed to be enclosed, please use the download Form for making the request. Please return the completed form with proving documents enclosed to any Post Office or send it to the Personal Data Privacy Officer, Management Services Division, Hongkong Post Headquaters, Central, Hong Kong

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.

Important Notice to Data User

  1. You are required by section 19(1) of the PDPO to comply with a data access request within 40 days after receiving the same. To comply with a data access request means: (a) if you hold the requested data, to inform the requestor in writing that you hold the data and supply a copy of the data; or (b) if you do not hold the requested data, to inform the requestor in writing that you do not hold the data (except that the Hong Kong Police may inform the requestor orally if the request is whether it holds any record of criminal conviction of an individual). A mere notification given to the requestor to collect the requested data or a note sent to the requestor for payment of a fee is insufficient. In complying with the request, you should omit or otherwise not disclose the names or other identifying particulars of individuals other than the data subject.
  2. If you are unable to comply with the data access request within the 40-day period, you must inform the requestor by notice in writing that you are so unable and the reasons, and comply with the request to the extent, if any, that you are able to within the same 40-day period, and thereafter comply or fully comply, as the case may be, with the request as soon as practicable (see section 19(2) of the PDPO).
  3. If you have a lawful reason for refusing to comply with the request pursuant to section 20 of the PDPO, you must give the requestor written notification of your refusal and your supporting reasons within the same 40-day period (see section 21(1) of the PDPO).
  4. It is an offence not to comply with a data access request in accordance with the requirements under the PDPO. Any data user convicted of such an offence is liable to a fine at level 3 (currently set at HK$10,000) (see section 64A(1) of the PDPO).
  5. You may charge a fee for complying with a data access request, but section 28(3) of the PDPO provides that "no fee imposed for complying with a data access request shall be excessive". The PDPO does not define the meaning of "excessive" with regard to imposing a data access request fee. According to the principle laid down in the decision of Administrative Appeal No. 37/2009,a data user is only allowed to charge the requestor for the costs which are "directly related to and necessary for" complying with a data access request.
  6. You shall refuse to comply with a data access request -
    1. if you are not supplied with such information as you may reasonably require -
      1. in order to satisfy you as to the identity of the requestor;
      2. where the requestor purports to be a relevant person, in order to satisfy you -
        1. as to the identity of the individual in relation to whom the requestor purports to be such a person; and
        2. that the requestor is such a person in relation to that individual;
    2. subject to section 20(2) of the PDPO, if you cannot comply with the request without disclosing personal data of which any other individual is the data subject unless you are satisfied that the other individual has consented to the disclosure of the data to the requestor; or
    3. 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 -

    1. 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;
    2. 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-
    1. the individual who is the data subject in respect of the personal data to which the request relates;
    2. one or more relevant persons on behalf of that individual; or
    3. 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.

Part I: Data User

Particulars of the Data User to whom this data access request is made

Name 1 (full name in block letters)
Postmaster General
(for the attention of Personal Data Privacy Officer (Senior Manager (Management Control) ) 2
Address
Management Services Division, Hongkong Post Headquarters, 2 Connaught Place, Central, Hong Kong

Part II: Data Subject

Particulars of the Data Subject making this data access request


[This part must be completed if this request is made by a Requestor other than the Data Subject]

Part III: The Requestor

Particulars and capacity of the Requestor 4

This data access request is made in my capacity as a "relevant person" on behalf of the Data Subject as follows :

  1. I have been appointed under section 44A, 59O or 59Q of that Ordinance to be his/her guardian; or
  2. I have been vested the guardianship of the Data Subject or I have to perform the functions of the appointed guardian under section 44B(2A) or (2B) or 59T(1) or (2) of that Ordinance; or

(Please give a tick in the appropriate box)

In proof of my above capacity, I hereby enclose the following:

(Please tick and complete where appropriate)

Part IV: The Requested Data

This data access request is made under section 18(1) of the PDPO for the following personal data of the Data Subject, except those specifically excluded under Part V of this Form:-

5

Part V: Exclusions

I do not require any personal data 6




(Please tick and complete where appropriate)

Part VI: The Request

I hereby request you :
7

(Please give a tick in the appropriate box)


Part VII: Preferred Manner of Compliance

I would prefer that you 9:
10
(e.g. computer disk, microfilm, etc.) 11

(Please tick and complete where appropriate)

Part VIII: Further Information and Payment

I understand that before complying with this request, you may require me to provide 12:
  1. proof of my identity;
  2. 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;
  3. such further information as may be reasonably required for you to locate the Requested Data;
  4. payment of a fee charged under section 28 of the PDPO 13.

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.

Please enter the validation code:
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  1. Please fill in the full name of the Data User to whom the data access request is addressed.
  2. If you have previously been informed by the Data User of the name and/or job title of the person to whom such a data access request may be made, please fill in here the name and/or job title of such person.
  3. For Data Subject who is Hong Kong Identity Card holder. Please note that the information may assist the Data User to retrieve or locate the Requested Data. The identity card number needs not be provided in this Form if you have reasonable grounds to believe that this will not be necessary for the unique identification of the Data Subject by the Data User in the circumstances.
  4. The Data User may require reasonably sufficient personal information from you to satisfy itself as to your identity before it can comply with this data access request.
  5. Please specify clearly and in detail the personal data requested (e.g. personal data contained in appraisal reports, medical records, credit reports) including further information, if any, such as the particular incident or transaction in association with it, the circumstances under which the personal data were collected or held, etc. to facilitate the location of the Requested Data. Too general a description of the Requested Data, such as "all of my personal data", may render the request being refused by the Data User pursuant to section 20(3)(b) of the PDPO where the Data User is not supplied with such information as it may reasonably require to locate the personal data to which the request relates.
  6. Please tick to exclude, as far as possible, any personal data that you do not wish to include in the scope of the Requested Data. This may help to avoid any unnecessary delay or charge in complying with the data access request.
  7. By ticking this box, the Requestor indicates that he is requesting only for a confirmation of "Yes" or "No" as to whether the Data User holds the Requested Data and is not requesting the Data User to provide a copy of the Requested Data.
  8. By ticking this box, the Requestor indicates that he is requesting only for a copy of the Requested Data. If the Data User does not hold the Requested Data, the Data User will need to notify the Requestor in writing that it does not hold the data. Please refer to paragraph 1 of "Important Notice to Data User" for exception to written notification.
  9. However, compliance with the data access request may not be in the preferred manner where this is not reasonably practicable to do so.
  10. If the language specified is not the language in which the data is held, subject to section 20(2)(b), it will be sufficient for the Data User to provide a true copy of the document which contains the data.
  11. If the Data User is unable to supply the form as specified because it is not practicable for the Data User to do so, it will be sufficient to supply the data in the form which it is practicable for the Data User to supply and accompanied by a written notice to inform the Requestor of the same.
  12. 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.
  13. 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.