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

55. Relevant process
(1) Personal data the subject of a relevant process is exempt from the provisions of data protection principle 6 and section 18(1)(b) until the completion of that process. (Amended 18 of 2012 s. 2)
(2) In this section—
completion (完成), in relation to a relevant process, means the making of the determination concerned referred to in paragraph (a) of the definition of relevant process

56. Personal references
Personal data held by a data user which consists of a personal reference— (Amended 18 of 2012 s. 2)
(a) given by an individual other than in the ordinary course of his occupation; and
(b) relevant to another individual’s suitability or otherwise to fill any position of employment or office which is presently, or may become, unfilled,
is exempt from the provisions of data protection principle 6 and section 18(1)(b)— (Amended 18 of 2012 s. 2)
(i) in any case, unless the individual referred to in paragraph (a) has informed the data user in writing that he has no objection to the reference being seen by the individual referred to in paragraph (b) (or words to the like effect); or
(ii) in the case of a reference given on or after the day on which this section comes into operation, until the individual referred to in paragraph (b) has been informed in writing that he has been accepted or rejected to fill that position or office (or words to the like effect),
whichever first occurs.

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

59. Health
(1) Personal data relating to the physical or mental health of the data subject is exempt from the provisions of either or both of— (Amended 18 of 2012 s. 32)
(a) data protection principle 6 and section 18(1)(b);
(b) data protection principle 3,

in any case in which the application of those provisions to the data would be likely to cause serious harm to the physical or mental health of—
(i) the data subject; or
(ii) any other individual.
(2) Personal data relating to the identity or location of a data subject is exempt from the provisions of data protection principle 3 if the application of those provisions to the data would be likely to cause serious harm to the physical or mental health of—
(a) the data subject; or
(b) any other individual. (Added 18 of 2012 s. 32)

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

59A. Care and guardianship of minors
Personal data in relation to a minor transferred or disclosed by the Hong Kong Police Force or Customs and Excise Department to a relevant person of the minor is exempt from the provisions of data protection principle 3 if—
(a) the purpose of the transfer or disclosure is to facilitate the relevant person to exercise proper care and guardianship of the minor;
(b) the transfer or disclosure is in the interest of the minor; and
(c) the application of those provisions in relation to such transfer or disclosure would be likely to prejudice the exercise of proper care and guardianship of the minor by the relevant person or the interest of the minor.
(Added 18 of 2012 s. 33)

60. Legal professional privilege
Personal data is exempt from the provisions of data protection principle 6 and section 18(1)(b) if the data consists of information in respect of which a claim to legal professional privilege could be maintained in law.
(Amended 18 of 2012 s. 2)

60A. Self incrimination
(1) If, as a result of complying with a request under a provision of data protection principle 6 or section 18(1)(b) in relation to any personal data, a data user might be incriminated in any proceedings for any offence other than an offence under this Ordinance, the data is exempt from that provision or section.
(2) Information disclosed by a data user in compliance with a request under a provision of data protection principle 6 or section 18(1)(b) is not admissible against the data user in any proceedings for an offence under this Ordinance.
(Added 18 of 2012 s. 34)

60B. Legal proceedings etc.
Personal data is exempt from the provisions of data protection principle 3 if the use of the data is—
(a) required or authorized by or under any enactment, by any rule of law or by an order of a court in Hong Kong;
(b) required in connection with any legal proceedings in Hong Kong; or
(c) required for establishing, exercising or defending legal rights in Hong Kong.
(Added 18 of 2012 s. 34)

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

61. News
(1) Personal data held by a data user—
(a) whose business, or part of whose business, consists of a news activity; and
(b) solely for the purpose of that activity (or any directly related activity),

is exempt from the provisions of— (Amended 18 of 2012 s. 2)
(i) data protection principle 6 and sections 18(1)(b) and 38(i) unless and until the data is published or broadcast (wherever and by whatever means); 
(ii) sections 36 and 38(b).
(2) Personal data is exempt from the provisions of data protection principle 3 in any case in which— (Amended 18 of 2012 s. 2)
(a) the use of the data consists of disclosing the data to a data user referred to in subsection (1); and
(b) such disclosure is made by a person who has reasonable grounds to believe (and reasonably believes) that the publishing or broadcasting (wherever and by whatever means) of the data (and whether or not it is published or broadcast) is in the public interest. 
(3) In this section—
news activity (新聞活動) means any journalistic activity and includes—
(a) the—
(i) gathering of news;
(ii) preparation or compiling of articles or programmes concerning news; or
(iii) observations on news or current affairs,

for the purpose of dissemination to the public; or
(b) the dissemination to the public of—
(i) any article or programme of or concerning news; or
(ii) observations on news or current affairs.

(Amended 18 of 2012 s. 2)

62. Statistics and research
Personal data is exempt from the provisions of data protection principle 3 where— (Amended 18 of 2012 s. 2)
(a) the data is to be used for preparing statistics or carrying out research;
(b) the data is not to be used for any other purpose; and
(c) the resulting statistics or results of the research are not made available in a form which identifies the data subjects or any of them.
(Amended 18 of 2012 s. 2)

63. Exemption from section 18(1)(a)
Where a data access request relates to personal data which is or, if the data existed, would be exempt from section 18(1)(b) by virtue of section 57 or 58, then the data is also exempt from section 18(1)(a) if the interest protected by that exemption would be likely to be prejudiced by the disclosure of the existence or non-existence of that data.
(Amended 18 of 2012 s. 2)