### Personal Data (Privacy) Ordinance 《個人資料(私隱)條例》

45. Protection of witnesses, etc.
(1) Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things, for the purposes of an investigation, as witnesses have in civil proceedings in the High Court but any enactment or rule of law which authorizes or requires the withholding of any document or thing, or the refusal to answer any question, on the ground that the disclosure of the document or thing or the answering of the question, as the case may be, would be injurious to the public interest, shall not apply in respect of any investigation. (Amended 25 of 1998 s. 2; 18 of 2012 s. 24)
(2) Except on the trial of any person for perjury in respect of his sworn testimony, or for an offence under this Ordinance, no statement made or answer given by that or any other person in the course of any investigation shall be admissible in evidence against any person, before any magistrate or in any court or at any inquiry or in any other proceedings, and no evidence in respect of an investigation shall be given against any person.
(3) Where the giving of any information or the answering of any question or the production of any document or thing would involve the disclosure, without the consent of the Chief Executive, of the deliberations of the Executive Council, the Commissioner shall not require the information or answer to be given or, as the case may be, the document or thing to be produced. (Amended 34 of 1999 s. 3)

### Personal Data (Privacy) Ordinance 《個人資料(私隱)條例》

49. Cases in which sections 47 and 48 shall not apply
Where—
(a) the Commissioner has completed an investigation (and whether or not the investigation was initiated by a complaint);
(b) the result of the investigation is that the act or practice the subject of the investigation is not a contravention of a requirement under this Ordinance because of an exemption under Part 8; and
(c) the interest protected by that exemption would be likely to be prejudiced if sections 47 and 48 applied in relation to the investigation,

then—
(i) those sections shall not apply in relation to the investigation; and
(ii) the Commissioner shall, in such manner and at such time as he thinks fit—
(A) inform the relevant data user of the result of the investigation and such other comments arising from the investigation as he thinks fit;
(B) if the investigation was initiated by a complaint, inform the complainant that the result of the investigation is that he is satisfied that the act or practice the subject of the investigation is not a contravention of a requirement under this Ordinance (or words to the like effect).
(Amended E.R. 1 of 2013)

### Personal Data (Privacy) Ordinance 《個人資料(私隱)條例》

50A. Offences relating to enforcement notices
(1) A data user who contravenes an enforcement notice commits an offence and is liable—
(a) on a first conviction—
(i) to a fine at level 5 and to imprisonment for 2 years; and
(ii) if the offence continues after the conviction, to a daily penalty of $1,000; and
(b) on a second or subsequent conviction—
(i) to a fine at level 6 and to imprisonment for 2 years; and
(ii) if the offence continues after the conviction, to a daily penalty of $2,000.
(2) In any proceedings for an offence under subsection (1), it is a defence for the data user charged to show that the data user exercised all due diligence to comply with the enforcement notice.
(3) A data user who, having complied with an enforcement notice, intentionally does the same act or makes the same omission in contravention of the requirement under this Ordinance, as specified in the enforcement notice under section 50(1A)(b), commits an offence and is liable on conviction—
(a) to a fine at level 5 and to imprisonment for 2 years; and
(b) if the offence continues after the conviction, to a daily penalty of $1,000.
(Added 18 of 2012 s. 29)

50B. Offences relating to failure to comply with requirements of Commissioner etc.
(1) A person commits an offence if the person—
(a) without lawful excuse, obstructs, hinders or resists the Commissioner or a prescribed officer in performing the functions or exercising the powers of the Commissioner or the officer under this Part;
(b) without lawful excuse, fails to comply with any lawful requirement of the Commissioner or a prescribed officer under this Part; or
(c) in the course of the performance or exercise by the Commissioner or a prescribed officer of functions or powers under this Part—
(i) makes to the Commissioner or the officer a statement which the person knows to be false or does not believe to be true; or
(ii) otherwise knowingly misleads the Commissioner or the officer.
(2) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 3 and to imprisonment for 6 months.
(Added 18 of 2012 s. 29)

51. Interpretation
Where any personal data is exempt from any provision of this Ordinance by virtue of this Part, then, in respect of that data and to the extent of that exemption, that provision neither confers any right nor imposes any requirement on any person, and the other provisions of this Ordinance which relate (whether directly or indirectly) to that provision shall be construed accordingly.
(Amended 18 of 2012 s. 2)

### Personal Data (Privacy) Ordinance 《個人資料(私隱)條例》

51A. Performance of judicial functions
(1) Personal data held by a court, a magistrate or a judicial officer in the course of performing judicial functions is exempt from the provisions of the data protection principles and Parts 4 and 5 and sections 36 and 38(b).
(2) In this section—
judicial officer (司法人員) has the same meaning given by section 2 of the Judicial Officers Recommendation Commission Ordinance (Cap. 92).
(Added 18 of 2012 s. 30. Amended E.R. 1 of 2013)

52. Domestic purposes
Personal data held by an individual and—
(a) concerned only with the management of his personal, family or household affairs; or
(b) so held only for recreational purposes,
is exempt from the provisions of the data protection principles, Parts 4 and 5 and sections 36 and 38(b). 

(Amended 18 of 2012 s. 2; E.R. 1 of 2013)

53. Employment—staff planning
Personal data which consists of information relevant to any staff planning proposal to— (Amended 18 of 2012 s. 2)
(a) fill any series of positions of employment which are presently, or may become, unfilled; or
(b) cease any group of individuals’ employment,
is exempt from the provisions of data protection principle 6 and section 18(1)(b). 
(Amended 18 of 2012 s. 2)

54. Employment—transitional provisions
(1) Personal data—
(a) held by a data user—
(i) immediately before the appointed day;
(ii) who is the employer of the data subject; and
(iii) relating to the employment of the subject; and
(b) provided by an individual on the implicit or explicit condition that the subject would not have access to the data,

is exempt from the provisions of data protection principle 6 and section 18(1)(b) until the expiration of 7 years immediately following the enactment of this Ordinance.
(2) Personal data—
(a) to which subsection (1)(a) applies; or
(b) held by a data user—
(i) but not so held at any time before the appointed day;
(ii) who is the employer of the data subject; and
(iii) relating to the employment of the subject,

is exempt from the provisions of data protection principle 6 and section 18(1)(b) until 1 July 1996.
(Amended 18 of 2012 s. 2)