The Hong Kong Privacy Commissioner for Personal Data recently issued a guidance note to provide data users with assistance on how to comply with data access requests, as well as how to calculate the fees to be charged in connection with such Access Requests. The Guidance Note was in part a response to the increasing number of complaints received by the Commissioner relating to Access Requests in recent years, approximately 10% of which concerned excessive Access Fees. Organizations may wish to establish detailed guidelines and procedures for the handling of Access Requests (including calculating Access Fees), to ensure that such requests are dealt with promptly and efficiently, and in accordance with the Ordinance. Failure to comply with the requirements in the Ordinance may constitute an offence and render the data user liable to a maximum fine of HK$10,000 (roughly 1,300 U.S. dollars).
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