NEW INSPECTION REGIME FOR PERSONAL DATA ARRANGEMENT

Company Secretarial

Under the Companies Registry, the Companies Ordinance (Cap. 622) (“CO”) provided for a new inspection regime for personal data on the Companies Register (“the Register”)

In the past, the general public supposed to have the right to access the Companies Registry information. For instance, the director’s usual address and full identification numbers, full identification numbers of company secretaries, And some other individuals (such as liquidators and provisional liquidators). Similar personal information were also open for public inspection.

The New Inspection Regime will run in three phases

Phase 1

From 23 August 2021, companies may first replace Usual Residential Addresses (URAs) of directors with their correspondence addresses. Also, full identification numbers (IDNs) of directors and company secretaries with their partial IDNs on their own registers for public inspection;

Phase 2

Starting from 24 October 2022, Protected Information on the Index of Directors on the Register will be replaced with correspondence addresses and partial IDNs for public inspection.  Protected Information contained in documents filed for registration after commencement of this phase will not be provided for public inspection.  Hence, “Specified persons” could apply to the Registry for access to Protected Information of directors and other persons personal data. There are 7 types of “Specified persons” who can apply to the Registry for disclose of Protected Information. These 7 types are:

a liquidator,

a trustee in bankruptcy,

a public officer or public body,

a scheduled person,

a solicitor or foreign lawyer,

a certified public accountant , as well as

a financial institution or DNFBP.

Phase 3

From 27 December 2023, data subjects could apply to the Registry for protecting from public inspection. The Protected Information contained in documents registered with the Registry (“Withheld Information”), and replace such information with their correspondence addresses and partial IDNs.  Nevertheless, “Specified persons” could apply to the Registry for access to Withheld Information of directors and other persons.

For further information, please contact us.

You may want to read: NEW INSPECTION REGIME FOR THE COMPANIES REGISTER

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