Personal Data (Privacy) (Amendment) Ordinance 2012

Amendments to the Personal Data (Privacy) Ordinance include:

Strengthening the Privacy Commissioner's Enforcement Power (effective 1 October 2012)

• The Privacy Commissioner may serve an enforcement notice irrespective of whether the contravention will continue or be repeated.
• A repeated contravention, if committed intentionally, is an offence. The penalty is the same as that for a first conviction for contravening an enforcement notice, namely, a fine of $50,000 and imprisonment for two years and, in the case of a continuing offence, a daily fine of $1,000.
• The Amendment Ordinance also provides for a heavier penalty for a second and subsequent conviction for contravening an enforcement notice, namely, a fine of $100,000 and imprisonment of two years and, in the case of a continuing offence, a daily fine of $2,000.
• The time limit for laying information for prosecution of an offence under the Ordinance is extended from 6 months to 2 years from the date of commission of the offence.