Status of Section 33, Personal Data (Privacy) Ordinance
Dear Privacy Commissioner for Personal Data,
I am writing to request the following information regarding section 33 of the Personal Data (Privacy) Ordinance (PDPO):
- Any written correspondence with the any government bureaux/department regarding the implementation of section 33 since 1 August, 1996;
- If you cannot provide the content of the correspondences above, please provide a table containing the sender and recipient of such correspondences, the title of the correspondences, and their reference number.
Yours faithfully,
Kelvin Lee
Dear Kelvin
We write to acknowledge receipt of your email dated 12 October 2018. We
are now considering the matter and will provide you with a reply as soon
as possible.
Regards
(Ayee MAN)
For Privacy Commissioner for Personal Data, Hong Kong
Dear Kelvin,
1. We refer to your email dated 12 October 2018 to this Office
requesting for the information regarding Section 33 of the Personal Data
(Privacy) Ordinance. This serves as an interim reply to your application
and we will let you have our reply once available.
2. In the meantime, if you would like to discuss this
matter, please contact Mr Billy CHAN at 3423 6649 or Mr Anthony CHAN at
3423 6615.
Regards,
Daniel LEUNG
Access to Information Officer
for Privacy Commissioner for Personal Data, Hong Kong
--
Daniel LEUNG
Chief Personal Data Officer
Tel: (852) 2877 7106
Fax: (852) 2877 7026
[1]PCPD
References
Visible links
1. https://www.pcpd.org.hk/
Dear Kelvin,
I refer to your application for access to information dated 12
October 2018 requesting for (i) any written correspondence with any
government bureaux/department regarding the implementation of Section 33
of the Personal Data (Privacy) Ordinance (“Ordinance”) since 1 August
1996; and (ii) a table containing the details of the sender and recipient
if we cannot provide the said correspondence. We have acknowledged
receipt of your aforementioned letter on 15 October 2018.
2 We have considered your request for information thoroughly pursuant
to the Code on Access to Information (“Code”) and the Code on Access to
Information Guidelines on Interpretation and Application (“Guidelines”).
The request seeks access to the correspondences exchanged with any
government bureau/department spanning over a 22-year period regarding the
implementation of a section under the Ordinance which has not yet come
into effect.
3 Having taken into account paragraph 2.10(b) of the Code, we are
unable to accede to your request for access to the correspondences
exchanged with the Government, as the disclosure of such correspondences
would inhibit the frankness and candour of discussion within the
Government, and advice given to the Government.
4 In regard to your request for a table containing details of the
sender and recipient of such correspondences if we cannot provide the
correspondences, we do not have such a table in our possession. The Code
does not mandate the creation a record which does not exist to meet an
information access request (see paragraph 1.14.2 of the Guidelines).
Further, we are of the view that such table could only be made available
by unreasonable diversion of our resources as we would need to go through
internal documents over a 22-year period. We are unable to accede to your
request in this regard based on paragraph 2.9(d) of the Code.
Regards,
Daniel LEUNG
Access to Information Officer
for Privacy Commissioner for Personal Data, Hong Kong
--
Daniel LEUNG
Chief Personal Data Officer
Tel: (852) 2877 7106
Fax: (852) 2877 7026
[1]PCPD
References
Visible links
1. https://www.pcpd.org.hk/
