Page:Competition Ordinance (Cap. 619).pdf/71

“confidential information” (機密資料) means—

(a) information that has been provided to or obtained by the Commission in the course of, or in connection with, the performance of its functions under this Ordinance, that relates to—

(i) the private affairs of a natural person;

(ii) the commercial activities of any person that are of a confidential nature; or

(iii) the identity of any person who has given information to the Commission;

(b) information that has been given to the Commission on terms that or in circumstances that require it to be held in confidence; or

(c) information given to the Commission that has been identified as confidential information in accordance with subsection (2).

(2) If a person—

(a) identifies information that the person has given to the Commission as confidential; and

(b) provides a statement in writing setting out the reasons why, in that person’s opinion, the information is confidential,

the information is also to be regarded as confidential information under this Part.

124. Duty to establish and maintain safeguards

(1) The Commission and the Communications Authority must establish and maintain adequate procedural safeguards to prevent the unauthorized disclosure of confidential information.

(2) In this section—

“unauthorized disclosure” (在未經授權下披露) means disclosure that is either prohibited or not authorized by or under this Ordinance.

125. Preservation of confidentiality

(1) A specified person—

(a) must preserve and aid in preserving the confidentiality of any confidential information;

(b) must not disclose confidential information to any other person; and

(c) must not suffer or permit any other person to have access to confidential information.

(2) Subsection (1) does not apply to the disclosure of confidential information with lawful authority within the meaning of section 126.