NOTICE ON COLLECTION OF PERSONAL DATA
UNDER THE PERSONAL DATA (PRIVACY) ORDINANCE CAP. 486

Please read this notice before you provide any personal data to the Guardianship Board.

Purpose of Collection

1.  The Guardianship Board is a statutory body established under the Mental Health Ordinance (Cap. 136). You will be asked by our staff members to provide personal data or to obtain such data from an appropriate third party. The data supplied by you will be used by the Guardianship Board to discharge our statutory duties and to provide an appropriate service, which includes monitoring and review of our service, and conducting surveys, education, and requiring statistics.

Classes of Transferees

2. The personal data you provide will be made available to persons working in the Secretariat of the Guardianship Board and members of the Guardianship Board for the purposes mentioned in paragraph 1, or directly related purposes, and then only on a need to know basis. Apart from this, they may only be disclosed to the relevant parties listed below for the purposes listed in paragraph 1: -
   • appropriate persons in the Guardianship Office or other relevant offices of the Social Welfare Department, Hospital Authority, relevant government bureaus/departments, statutory bodies such as Equal Opportunities Commission, legal advisers, banks, or non-government organizations, but only if they are involved in the assessment of, or provision of service/assistance to you;
   • where you have given consent to such disclosure; or
   • where such disclosure is authorized or required by law.
     
     Example: The Guardianship Board cannot process an application for a Guardianship Order without two medical reports on the mentally incapacitated person. This may involve liaison with the Hospital Authority or private doctors. The Guardianship Board is authorized by law to request a social enquiry report from the Social Welfare Department on a mentally incapacitated person. This will include information collected from the relatives of the mentally incapacitated person and the proposed guardian.

Access to Personal Data

3. Apart from exemptions provided under the Personal Data (Privacy) Ordinance, you have a right of access to and correction of personal data held on you. Your right of access includes the right to obtain a copy of your personal data subject to payment of a fee. Applications for access to and correction of data should be made either on an application form or by a letter. Application forms are available at the Guardianship Board Secretariat's office.

Exemption from access to personal data

4. The Guardianship Board is exempt from the requirement to allow you access to personal data relating to your physical or mental health, if by doing so it would be likely to cause serious harm to your physical or mental health or the physical or mental health of others.

Enquiries, access to and correction of personal data

5. If you have enquiries concerning your application for assistance/service or if there are changes in the data you provide, please contact us.
6. Requests for access to personal data collected by us and correction of data obtained from a data access request should be addressed to
   
   Post title: The Secretary of the Guardianship Board
   Address: Unit 807, Hong Kong Pacific Centre, 28 Hankow Road, Tsimshatsui, Kowloon
   Tel No. : 2369 1999 Fax No. : 2739 7171

(Note : This notice may be modified to include post title or tel. no. of the officer referred to paragraph 6 and to add classes of transferees if they are applicable for a particular type of service/application.)