10 Dec 1998
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
- Citation
- LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI828/1997
The court held that s58(2) of the Personal Data (Privacy) Ordinance exempts Data Protection Principle 3 where the use of the data is for purposes including remedying unlawful conduct, and that civil tort claims for damages fall within that exemption; alternatively Principle 3(b) permits use where the civil use is directly related to the original investigative purpose. Therefore there is no inconsistency preventing orders under s42 High Court Ordinance and non-party discovery of the requested departmental files and unedited witness statements was ordered subject to appropriate safeguards.