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Hong Kong · PDPO ss.18–20 · reply within 40 days

Told your data may have leaked in Hong Kong? — data access request letter ready, 40 days counted

Short answer. Your covering letter is open below: add the incident, where your data may be held, and attach the official form OPS003. Right to ask: Whether the organisation holds your personal data, and a copy of it (Personal Data (Privacy) Ordinance (Cap. 486), s.18(1)).

  • Last day for the organisation to comply (40 days after receiving the request): type the date

Check your own case.

Personal Data (Privacy) Ordinance s.19(1): a data user must comply with a data access request within 40 days after receiving it — by telling you in writing whether it holds your data and supplying a copy, or telling you it holds none. If it cannot comply in time, it must tell you in writing before the 40 days end, with reasons, and comply as soon as practicable afterwards (s.19(2)). The organisation may refuse a request not made in the form specified by the Privacy Commissioner (s.20(3)(e)) — use form OPS003. Days are calendar days.

Told your data may have leaked in Hong Kong?: first page

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Paste this code on your site (law office, school, blog) — readers fill in the template right on your page, free.

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Lida, Layers template assistant

Enter the date the organisation received your request, and I will show you the last day it must reply.

Describe where your data may sit — the app, the account, the period. Vague requests take longer.

An illustrated character, not a lawyer.

Deadlines

The rules, with the source

WhatDeadlineSource
Right to askWhether the organisation holds your personal data, and a copy of itPersonal Data (Privacy) Ordinance (Cap. 486), s.18(1)
Time to complyWithin 40 days after receiving the request; if it cannot, written notice with reasons before the 40 days endPDPO s.19(1), (2)
FormData Access Request Form OPS003, specified by the Privacy Commissioner; a request not in the specified form may be refusedPDPO s.20(3)(e); PCPD forms page
FeeMay be charged but must not be excessive; compliance may wait until it is paidPDPO s.28(2), (3), (5)
Complaint to the PCPDMay be refused if you knew of the matter for more than 2 years before complainingPDPO s.39(1)(a)

The data access request is your right to see your data. Questions about the incident itself are a separate request; the organisation is not bound by the 40-day rule for them, but asking in writing creates a record.

Step by step

What to do, in order

  1. 1

    Download form OPS003

    From the PCPD website. Fill in your details and describe the data clearly.

  2. 2

    Fill in the letter

    Where the data may be held, the period, and how you learned of the incident.

  3. 3

    Prove who you are

    Attach the proof the form asks for. Mask numbers you do not need to show.

  4. 4

    Send to the organisation

    To its data protection officer, not to the PCPD. Keep proof of the date received.

  5. 5

    Watch day 40

    No reply, no written reason for delay, or a refusal you disagree with: you can complain to the PCPD.

  6. 6

    Protect yourself now

    Change passwords and be careful with messages that mention the incident — they may be phishing.

Questions

Can I just send an e-mail instead of the form?

You can send this letter by e-mail, but attach the completed OPS003 form. Without it, the organisation may lawfully refuse your request.

Do I have to pay?

The organisation may charge a fee that is not excessive and may wait for payment before replying. Ask for the amount first.

Will this get me compensation?

No. It gets you the facts: what data they hold about you. That is the starting point for any complaint.

Official sources

Other documents

Keep the papers in one place

Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.

This is a ready document and a deadline calculation, not legal advice.