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

66. Compensation
(1) Subject to subsection (4), an individual who suffers damage by reason of a contravention—
(a) of a requirement under this Ordinance;
(b) by a data user; and
(c) which relates, whether in whole or in part, to personal data of which that individual is the data subject,

shall be entitled to compensation from that data user for that damage.
(2) For the avoidance of doubt, it is hereby declared that damage referred to in subsection (1) may be or include injury to feelings.
(3) In any proceedings brought against any person by virtue of this section it shall be a defence to show that—
(a) he had taken such care as in all the circumstances was reasonably required to avoid the contravention concerned; or
(b) in any case where the contravention concerned occurred because the personal data concerned was inaccurate, the data accurately record data received or obtained by the data user concerned from the data subject or a third party. (Amended 18 of 2012 s. 38)
(4) Where an individual suffers damage referred to in subsection (1) by reason of a contravention referred to in that subsection which occurred because the personal data concerned was inaccurate, then no compensation shall be payable under that subsection in respect of so much of that damage that has occurred at any time before the expiration of 1 year immediately following the day on which this section commences. (Amended 18 of 2012 s. 38)
(5) Proceedings brought by an individual in reliance on subsection (1) are to be brought in the District Court but all such remedies are obtainable in those proceedings as would be obtainable in the Court of First Instance. (Added 18 of 2012 s. 38)

66A. Help for aggrieved persons in obtaining information, etc.
(1) With a view to helping a person (the person aggrieved

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

66B. Commissioner may grant assistance in respect of proceedings
(1) A person who may institute proceedings to seek compensation under section 66 may make an application to the Commissioner for assistance in respect of those proceedings.
(2) The Commissioner must consider an application under subsection (1) and may grant it if the Commissioner thinks fit to do so, in particular if—
(a) the case raises a question of principle; or
(b) it is unreasonable, having regard to the complexity of the case or the applicant’s position in relation to the respondent or another person involved or any other matter, to expect the applicant to deal with the case unaided.
(3) Assistance by the Commissioner under this section may include—
(a) giving advice;
(b) arranging for the giving of advice or assistance by a solicitor or counsel;
(c) arranging for representation by any person, including all such assistance as is usually given by a solicitor or counsel in the steps preliminary or incidental to any proceedings, or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and
(d) any other form of assistance which the Commissioner may consider appropriate.
(4) Subsection (3)(c) does not affect the law and practice regulating the descriptions of persons who may appear in, conduct, defend and address a court in, any proceedings except to the extent permitted under rules made in accordance with section 73F of the District Court Ordinance (Cap. 336).
(5) If expenses are incurred by the Commissioner in providing the applicant with assistance under this section, the recovery of those expenses (as taxed or assessed in such manner as may be prescribed by relevant rules) constitutes a first charge for the benefit of the Commissioner—
(a) on any costs or expenses which are payable to the applicant by any other person (whether by virtue of a judgment or order of the District Court or an agreement or otherwise) in respect of the matter in connection with which the assistance is given; and
(b) on the applicant’s rights (so far as those rights relate to any costs or expenses) under any compromise or settlement arrived at in connection with that matter to avoid or bring to an end any proceedings.
(6) The charge created by subsection (5) is subject to any charge under the Legal Aid Ordinance (Cap. 91) and to any provision in that Ordinance for payment of any sum into the Supplementary Legal Aid Fund established under that Ordinance.
(7) In this section—
relevant rules (《法院規則》) means any rules made under the District Court Ordinance (Cap. 336);
respondent (答辯人) includes a prospective respondent.
(Added 18 of 2012 s. 39)

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

66C. Interpretation of Part 9A
In this Part—
material (材料) means any document, information or thing;
specified investigation (指明調查) means an investigation into an offence under section 64(1), (3A) or (3C), 66E(1) or (5), 66I(1) or 66O(1).

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

66E. Offences in relation to section 66D
(1) A person commits an offence if the person fails to comply with a requirement of a notice given to the person under section 66D(2).
(2) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction—to a fine at level 5 and to imprisonment for 6 months; or
(b) on conviction on indictment—to a fine of $200,000 and to imprisonment for 1 year.
(3) It is a defence for a person charged with an offence under subsection (1) to establish that the person had a reasonable excuse for failing to comply with the requirement.
(4) A person is taken to have established that the person had a reasonable excuse referred to in subsection (3) if—
(a) there is sufficient evidence to raise an issue that the person had such a reasonable excuse; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.
(5) A person commits an offence if the person, with intent to defraud—
(a) fails to comply with a requirement of a notice given to the person under section 66D(2); or
(b) in purported compliance with such a requirement, provides any material, gives any answer, directions, explanation or particulars, or makes any statement, that is or are false or misleading in a material particular.
(6) A person who commits an offence under subsection (5) is liable—
(a) on summary conviction—to a fine at level 6 and to imprisonment for 6 months; or
(b) on conviction on indictment—to a fine of $1,000,000 and to imprisonment for 2 years.
(7) A person is not excused from complying with a requirement of a notice given to the person under section 66D(2) only on the ground that to do so might tend to incriminate the person.

66F. Use of incriminating evidence in proceedings
(1) Subsection (2) applies if—
(a) the Commissioner imposes a requirement on a person to give an answer to a question, to give directions, explanation or particulars, or to make a statement, under section 66D(2);
(b) the answer, directions, explanation, particulars or statement (required matter