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Legislation & Regulations

Circulars

MPF

13 November 2001


To : All Approved Trustees of Registered Schemes


Dear Sirs,


Forms MPF(S)-P(M), MPF(S)-W and MPF(S)-P(E) ("Forms")


I refer to my letter of 12 October 2001 clarifying that strict compliance with Forms MPF(S)-P(M) and MPF(S)-W is not required and that the trustees may formulate their own applicant identification process.


In designing your own Forms and in formulating your own applicant identification process, you should ensure compliance with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) ("Privacy Ordinance") in addition to ensuring compliance with the Mandatory Provident Fund Schemes Ordinance.


Your attention is drawn to section 1(3) of Schedule 1 to the Privacy Ordinance (relating to purpose and manner of collection of personal data - Principle 1 of Data Protection Principles) which states:


"Where the person from whom personal data are or are to be collected is the data subject, all practicable steps shall be taken to ensure that -


  1. he is explicitly or implicitly informed, on or before collecting the data, of -
    1. whether it is obligatory or voluntary for him to supply the data; and
    2. where it is obligatory for him to supply the data, the consequences for him if he fails to supply the data; and
  2. he is explicitly informed -
    1. on or before collecting the data, of -
      1. the purpose (in general or specific terms) for which the data are to be used; and
      2. the classes of persons to whom the data may be transferred; and
    2. on or before first use of the data for the purpose for which they were collected, of -
      1. his rights to request access to and to request the correction of the data; and
      2. the name and address of the individual to whom any such request may be made, ...".


Should you have any question about the content of this circular letter, please feel free to contact your case officer at the Authority.


Yours faithfully,


(Ms Hendena YU)
Chief Operating Officer (Compliance)

Last Revision Date: 17/10/2014