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INTERCEPTION OF COMMUNICATIONS AND
SURVEILLANCE ORDINANCE—SCHEDULE 5

Ord. No. 20 of 2006
A1329


Prevention of Bribery Ordinance

6. Public bodies

Schedule 1 to the Prevention of Bribery Ordinance (Cap. 201) is amended by adding—

“107. Commissioner on Interception of Communications and Surveillance.”.

Personal Data (Privacy) Ordinance

7. Section added

The Personal Data (Privacy) Ordinance (Cap. 486) is amended by adding—

58A. Protected product and relevant records under Interception of Communications and Surveillance Ordinance
(1) A personal data system is exempt from the provisions of this Ordinance to the extent that it is used by a data user for the collection, holding, processing or use of personal data which are, or are contained in, protected product or relevant records.
(2) Personal data which are, or are contained in, protected product or relevant records are exempt from the provisions of this Ordinance.
(3) In this section—
“device retrieval warrant” (器材取出手令) has the meaning assigned to it by section 2(1) of the Interception of Communications and Surveillance Ordinance (20 of 2006);
“prescribed authorization” (訂明授權) has the meaning assigned to it by section 2(1) of the Interception of Communications and Surveillance Ordinance (20 of 2006);
“protected product” (受保護成果) has the meaning assigned to it by section 2(1) of the Interception of Communications and Surveillance Ordinance (20 of 2006);
“relevant records” (有關紀錄) means documents and records relating to—
(a) any application for the issue or renewal of any prescribed authorization or device retrieval warrant under the Interception of Communications and Surveillance Ordinance (20 of 2006); or