MAJOR EXEMPTIONS WITHIN THE PDPO

Question 1

What allows employers to collect use and disclose personal data for staff planning and employment-related purposes including personal references?

Answer 1

Staff Planning and Employment-Related exemption.

Question 2

For what purposes can personal data be processed during the relevant process (evaluation)?

Answer 2

For evaluating candidates during recruitment - performance appraisals - promotions - and other employment decisions.

Question 3

When can personal data be processed without consent under the crime exemption?

Answer 3

For the prevention or detection of crime - the apprehension or prosecution of offenders - or the assessment or collection of any tax or duty.

Question 4

What does the legal proceedings exemption allow?

Answer 4

Personal data can be used for the purpose of - or in connection with - any legal proceedings (including prospective legal proceedings) and for obtaining legal advice.

Question 5

What does the legal professional privilege and self-incrimination exemption cover?

Answer 5

Data processed under the protection of legal professional privilege or to avoid self-incrimination is exempt from certain PDPO requirements.

Question 6

In what situations can personal data be processed without consent under the health and emergency exemption?

Answer 6

When it is necessary to protect the physical or mental health of individuals - or during emergencies such as natural disasters or public health crises to facilitate immediate response and aid efforts.

Question 7

What conditions must be met for the statistics and research exemption to apply?

Answer 7

Personal data can be used for statistical or research purposes if the data is not used to take measures or make decisions regarding any particular individual and if it is not made available in a form that identifies individuals.

Question 8

What is the purpose of the journalism and news media exemption?

Answer 8

To ensure freedom of the press and expression - personal data processed for journalistic - literary - or artistic purposes are exempt from certain provisions of the PDPO.

Question 9

What is a general exemption under HK PDPO?

Answer 9

Personal data held for domestic or recreational purposes.

Question 10

What is a partial exemption under HK PDPO?

Answer 10

Publicly available data - employment-related matters - legal proceedings - and legal privilege.

Question 11

What are the exemptions in HK?

Answer 11

Chinese central government organizations and media.