Penalty of Offence against Personal Data (Privacy) Ordinance (Chapter 486)
- Non-compliance with Data Protection Principles does not constitute a criminal offence directly
- The Office of the Privacy Commissioner for Personal Data may serve an Enforcement Notice to direct the data user to remedy the contravention and / or instigate the prosecution action.
- Contravention of an enforcement notce is an offence which could result in a maximum fine of HK$1,000,000 and imprisonment for 5 years.
- An individual who suffers damage, including injured feelings, by reason of a contravention of the ordinance in relation to his or her personal data may seek compensation from the data user concerned.