### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

34. Decisions of Secretary
(Not yet in operation)(1) After approving or refusing an application made under section 32(1), the Secretary must notify the applicant in writing of the decision and—
(a) if the application is approved—the conditions of the approval; or
(b) if the application is refused—the reasons for the refusal.
(2) If the application is approved, the identifiable data is to be made available to the applicant in the form and manner specified by the Commissioner after the applicant has paid the administrative costs for processing the application.

35. Application to Commissioner for use for research or statistics purpose
(Not yet in operation)(1) A person may apply to the Commissioner for using non-identifiable data of a healthcare recipient contained in an electronic health record for carrying out research, or preparing statistics, that are relevant to public health or public safety.
(2) An application—
(a) must be made in the form and manner specified by the Commissioner; and
(b) must be accompanied by a proposal specified in subsection (3).
(3) The proposal is a written proposal setting out—
(a) the nature and objectives in respect of the research or statistics;
(b) the public or scientific benefit of the research or statistics that the applicant anticipates; and
(c) any other information relating to the research or statistics as specified by the Commissioner.

36. Decisions of Commissioner
(Not yet in operation)(1) Before approving or refusing an application made under section 35(1), the Commissioner must have regard to—
(a) whether it is ethical to carry out the research or prepare the statistics; and
(b) the resource implication in providing the non-identifiable data.
(2) After approving or refusing an application made under section 35(1), the Commissioner must notify the applicant in writing of the decision and—
(a) if the application is approved—the conditions of the approval; or
(b) if the application is refused—the reasons for the refusal.
(3) If the application is approved, the non-identifiable data is to be made available to the applicant in the form and manner specified by the Commissioner after the applicant has paid the administrative costs for processing the application.

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

37. Prescribed healthcare provider’s duties to restrict access to health data
(1) This section applies if a prescribed healthcare provider is given a sharing consent by a registered healthcare recipient or a substitute decision maker of a registered healthcare recipient.
(2) The healthcare provider must take reasonable steps to ensure that—
(a) access to any health data of the healthcare recipient is restricted to a healthcare professional of the healthcare provider who may perform healthcare for the recipient; and
(b) the access is restricted to the health data that may be relevant for performing healthcare for the recipient.
(3) However, for complying with a data access request or data correction request under Part 5 of the Privacy Ordinance, the healthcare provider is not to be treated as contravening the requirements under subsection (2) even if access to the health data is granted to a person other than the healthcare professional.

38. Data or information to which this Part applies
This Part applies to data or information that is personal data as defined by section 2(1) of the Privacy Ordinance.

39. Privacy Commissioner’s performance of functions or exercise of powers in relation to data or information
(1) If the Privacy Commissioner performs a function or exercises a power under the Privacy Ordinance in relation to data or information contained in the System, the Privacy Commissioner must do so subject to the conditions specified in subsection (2).
(2) The conditions are—
(a) a word or an expression used in this Part, and defined or otherwise explained in section 2 of the Privacy Ordinance, has the same meaning as in that section; and
(b) despite paragraph (a), a reference to a minor in the Privacy Ordinance is a reference to a person below 16 years of age.
(3) Subsection (2)(a) does not apply to the word “Commissioner”.

40. Commissioner’s further duty in certain circumstances
(1) This section applies if—
(a) a person is required to comply with section 23(1) of the Privacy Ordinance in relation to the data or information of a registered healthcare recipient that was provided to the System by the person as a prescribed healthcare provider; and
(b) the person—
(i) is no longer a prescribed healthcare provider;
(ii) no longer has the sharing consent of the healthcare recipient; or
(iii) fails to respond to a data correction request in compliance with the Privacy Ordinance.
(2) The Commissioner must make a note, whether annexed to the data correction requested or elsewhere, of the matters in respect of which the data is considered by the requestor to be inaccurate.
(3) The note must be made in such a way that the data cannot be used by a person without the note being drawn to the attention of, and being made available for inspection by, the person.

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

41. Contravention of requirement under Privacy Ordinance
For the purposes of the Privacy Ordinance, a contravention of a requirement under a provision of that Ordinance that has effect subject to this Part is to be regarded as a contravention of a requirement under that Ordinance.

### Electronic Health Record Sharing System Ordinance 《電子健康紀錄互通系統條例》

42. Offences relating to accessing, damaging or modifying data or information
(1) A person commits an offence if the person knowingly causes a computer to perform a function so as to obtain unauthorized access to data or information contained in an electronic health record.
(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine at level 6.
(3) For the purposes of subsection (1), access by a person to data or information is unauthorized if—
(a) the person is not entitled to control that access;
(b) the person has not been authorized by another person who controls that access to obtain that access;
(c) the person does not believe that the authorization has been given; and
(d) the person does not believe that, even if the person had applied to the appropriate authority, the authorization would have been given.
(4) A person commits an offence if the person, without lawful excuse, knowingly damages data or information contained in an electronic health record.
(5) A person who commits an offence under subsection (4) is liable on summary conviction to imprisonment for 2 years.
(6) A person commits an offence if—
(a) the person knowingly—
(i) causes access to data or information contained in an electronic health record;
(ii) causes modification of data or information contained in an electronic health record; or
(iii) causes impairment to the accessibility, reliability, security or processing of data or information contained in an electronic health record; and
(b) the person causes the access, modification or impairment—
(i) with intent to commit an offence;
(ii) with a dishonest intent to deceive;
(iii) with a view to dishonest gain for the person or for another; or
(iv) with a dishonest intent to cause loss to another,
whether on the same occasion as the person causes the access, modification or impairment or on any future occasion.
(7) A person who commits an offence under subsection (6) is liable on conviction on indictment to imprisonment for 5 years.
(8) For the purposes of subsection (6)(b)—
(a) a reference to gain includes—
(i) a gain in money or other property;
(ii) a temporary gain or a permanent gain;
(iii) a gain by keeping what one has; and
(iv) a gain by getting what one has not; and
(b) a reference to loss includes—
(i) a loss in money or other property;
(ii) a temporary loss or a permanent loss;
(iii) a loss by not getting what one might get; and
(iv) a loss by parting with what one has.
(9) In this section—
computer (電腦) means a device for storing, processing or retrieving data or information.