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 |  this part |  | |
PART VII
INSPECTIONS, COMPLAINTS AND INVESTIGATIONS
36. Inspections of personal data systems
Without prejudice to the generality of section 38, the
Commissioner may carry out an inspection of—
(a) any personal data system used by a data user; or
(b) any personal data system used by a data user belonging to
a class of data users,
for the purposes of ascertaining information to assist the
Commissioner in making recommendations—
(i) to—
(A) where paragraph (a) is applicable, the relevant
data user;
(B) where paragraph (b) is applicable, the class of
data users to which the relevant data user
belongs; and
(ii) relating to the promotion of compliance with the
provisions of this Ordinance, in particular the
data protection principles, by the relevant data
user, or the class of data users to which the
relevant data user belongs, as the case may be.
37. Complaints
(1) An individual, or a relevant person on behalf of an
individual, may make a complaint to the Commissioner about an act or
practice—
(a) specified in the complaint; and
(b) that—
(i) has been done or engaged in, or is being done or
engaged in, as the case may be, by a data user
specified in the complaint;
(ii) relates to personal data of which the individual is
or, in any case in which the data user is relying upon
an exemption under Part VIII, may be, the data
subject; and
(iii) may be a contravention of a requirement under this
Ordinance (including section 28(4) ).
(2) Where 2 or more individuals may each make a complaint about
the same act or practice, then any of those individuals, or any
relevant person on behalf of any of those individuals, may make such
a complaint on behalf of all those individuals, and the provisions of
this Ordinance (including subsection (1)) shall be construed
accordingly.
(3) A complaint shall be—
(a) in writing in the Chinese or English language; or
(b) in such other form as the Commissioner may accept.
(4) It shall be the duty of the Commissioner and each prescribed
officer who has been employed under section 9(1)(a) to provide
appropriate assistance to an individual, or a relevant person on
behalf of an individual, who wishes to make a complaint and requires
assistance to formulate the complaint.
38. Investigations by Commissioner
Where the Commissioner—
(a) receives a complaint; or
(b) has reasonable grounds to believe that an act or
practice—
(i) has been done or engaged in, or is being done or
engaged in, as the case may be, by a data user;
(ii) relates to personal data; and
(iii) may be a contravention of a requirement under this
Ordinance,
then—
(i) where paragraph (a) is applicable, the Commissioner
shall, subject to section 39, carry out an
investigation in relation to the relevant data user
to ascertain whether the act or practice specified
in the complaint is a contravention of a
requirement under this Ordinance;
(ii) where paragraph (b) is applicable, the Commissioner
may carry out an investigation in relation to the
relevant data user to ascertain whether the act or
practice referred to in that paragraph is a
contravention of a requirement under this
Ordinance.
39. Restrictions on investigations
initiated by complaints
(1) Notwithstanding the generality of the powers conferred on the
Commissioner by this Ordinance, the Commissioner may refuse to carry
out or continue an investigation initiated by a complaint if—
(a) the Complainant (or, if the Complainant is a relevant
person, the individual in respect of whom the Complainant
is such a person) has had actual knowledge of the act or
practice specified in the complaint for more than 2 years
immediately preceding the date on which the Commissioner
received the complaint, unless the Commissioner is
satisfied that in all the circumstances of the case it is
proper to carry out or continue, as the case may be, the
investigation;
(b) the complaint is made anonymously;
(c) the Complainant cannot be identified or traced;
(d) none of the following conditions is fulfilled in respect
of the act or practice specified in the complaint—
(i) either—
(A) the Complainant (or, if the Complainant is a
relevant person, the individual in respect of
whom the Complainant is such a person) was
resident in Hong Kong; or
(B) the relevant data user was able to control, in
or from Hong Kong, the collection, holding,
processing or use of the personal data concerned,
at any time the act or practice was done or engaged
in, as the case may be;
(ii) the Complainant (or, if the Complainant is a
relevant person, the individual in respect of whom
the Complainant is such a person) was in Hong Kong
at any time the act or practice was done or engaged
in, as the case may be;
(iii) in the opinion of the Commissioner, the act or
practice done or engaged in, as the case may be,
may prejudice the enforcement of any right, or the
exercise of any privilege, acquired or accrued in
Hong Kong by the Complainant (or, if the
Complainant is a relevant person, the individual in
respect of whom the Complainant is such a person);
or
(e) the Commissioner is satisfied that the relevant data user
has not been a data user for a period of not less than 2
years immediately preceding the date on which the
Commissioner received the complaint.
(2) The Commissioner may refuse to carry out or continue an
investigation initiated by a complaint if he is of the opinion that,
having regard to all the circumstances of the case—
(a) the complaint, or a complaint of a substantially similar
nature, has previously initiated an investigation as a
result of which the Commissioner was of the opinion that
there had been no contravention of a requirement under
this Ordinance;
(b) the act or practice specified in the complaint is trivial;
(c) the complaint is frivolous or vexatious or is not made in
good faith; or
(d) any investigation or further investigation is for any other
reason unnecessary.
(3) Where the Commissioner refuses under this section to carry
out or continue an investigation initiated by a complaint, he shall,
as soon as practicable but, in any case, not later than 45 days after
receiving the complaint, by notice in writing served on the
Complainant accompanied by a copy of subsection (4), inform the
Complainant—
(a) of the refusal; and
(b) of the reasons for the refusal.
(4) An appeal may be made to the Administrative Appeals Board—
(a) against any refusal specified in a notice under subsection
(3); and
(b) by the Complainant on whom the notice was served (or, if the
Complainant is a relevant person, the individual in respect
of whom the Complainant is such a person, or either).
40. Commissioner may carry out or continue
investigation initiated by complaint
notwithstanding withdrawal of complaint
Where the Commissioner is of the opinion that it is in the public
interest so to do, he may carry out or continue an investigation
initiated by a complaint notwithstanding that the Complainant has
withdrawn the complaint and, in any such case, the provisions of this
Ordinance shall apply to the complaint and the Complainant as if the
complaint had not been withdrawn.
41. Commissioner to inform relevant data
user of inspection or investigation
(1) The Commissioner shall, before carrying out an inspection or,
subject to subsection (2), an investigation, by notice in writing
served on the relevant data user, inform the data user of his intention
to carry out the inspection or investigation, as the case may be.
(2) The Commissioner is not required to comply with subsection
(1) in the case of any investigation in respect of which he has
reasonable grounds to believe that to so comply may prejudice the
purposes of the investigation.
42. Power of entry on premises for the purposes
of an inspection or investigation
(1) Subject to subsections (3) and (8), the Commissioner may, for
the purposes of an inspection—
(a) where the personal data system, or any part thereof, the
subject of the inspection is situated in—
(i) non-domestic premises, enter the premises at any
reasonable time;
(ii) domestic premises, enter the premises with the consent
of any person (other than a minor) resident therein;
(b) carry out in the premises the inspection.
(2) Subject to subsections (3) and (8), the Commissioner may, for
the purposes of an investigation—
(a) enter any premises—
(i) occupied by the relevant data user; or
(ii) in which is situated the personal data system, or any
part thereof, used by the relevant data user;
(b) carry out in the premises the investigation.
(3) Subject to subsections (4) and (5), the Commissioner shall,
not less than 14 days before exercising his power under subsection
(1) or (2) in respect of any premises, by notice in writing served
on the relevant data user, inform the data user—
(a) of the premises in respect of which he proposes to exercise
that power; and
(b) that the power will not be so exercised before the
expiration of 14 days after service of the notice.
(4) Without prejudice to the generality of subsection (5), where
any domestic premises are specified in a notice under subsection (3)
in respect of which the Commissioner proposes to exercise his power
under subsection (2), then the Commissioner shall not exercise that
power in respect of those premises unless and until a person (other
than a minor) resident therein consents thereto before the
expiration of 14 days after service of the notice.
(5) The Commissioner may, pursuant to a warrant issued under
subsection (6), exercise his power under subsection (2) in respect
of the premises specified in the warrant without complying with
subsection (3).
(6) A magistrate may, if satisfied by information upon oath by
the Commissioner or any prescribed officer that there are reasonable
grounds for believing that the purposes of any investigation may be
substantially prejudiced if the Commissioner were required to comply
with subsection (3) before exercising his power under subsection (2)
in respect of any premises, issue a warrant—
(a) in the form specified in Part 1 of Schedule 6; and
(b) in respect of those premises.
(7) A magistrate may, if satisfied by information upon oath by
the Commissioner or any prescribed officer that there are reasonable
grounds for believing that the purposes of an investigation may be
substantially prejudiced if the Commissioner is prevented by the
operation of subsection (4) from exercising his power under
subsection (2) in respect of any domestic premises, issue a warrant—
(a) in the form specified in Part 2 of Schedule 6; and
(b) authorizing the Commissioner to exercise that power in
respect of those premises.
(8) The Commissioner shall not exercise his power under
subsection (1) or (2) in respect of any premises in such a way as to
unduly disrupt any operations being carried out in the premises,
whether by the relevant data user or any other person.
(9) Where the Commissioner exercises his power under subsection
(1) or (2), the relevant data user shall, without charge, afford the
Commissioner such facilities and assistance as the Commissioner may
reasonably require for the purposes of the inspection or
investigation concerned.
(10) Where the Commissioner, pursuant to a warrant issued under
subsection (6), exercises his power under subsection (2) in respect
of the premises specified in the warrant, he shall produce the
warrant for inspection by any person found in those premises who
questions his authority to exercise that power in respect of those
premises.
(11) In this section and Schedule 6—
"domestic premises" means any premises which are constructed
or intended to be used for habitation;
"non-domestic premises" means any premises other than
domestic premises;
"premises" means—
(a) any building where no part of the building is separately
occupied, and includes any land appertaining to the
building;
(b) in any other case, any part of a building which is
separately occupied, and includes any land appertaining
to such part.
43. Proceedings of Commissioner
(1) Subject to the provisions of this Ordinance, the Commissioner
may, for the purposes of any investigation—
(a) be furnished with any information, document or thing, from
such persons, and make such inquiries, as he thinks fit; and
(b) regulate his procedure in such manner as he thinks fit.
(2) Any hearing for the purposes of an investigation shall be
carried out in public unless—
(a) the Commissioner is of the opinion that, in all the
circumstances of the case, the investigation should be
carried out in private; or
(b) if the investigation was initiated by a complaint, the
Complainant requests in writing that the investigation be
carried out in private.
(3) Counsel and solicitors shall not have any right of audience
before the Commissioner at any hearing for the purposes of an
investigation, but may appear before him if he thinks fit.
(4) It shall not be necessary for the Commissioner to hold any
hearing for the purposes of an investigation and no person shall be
entitled to be heard by the Commissioner.
(5) If at any time during the course of an investigation it
appears to the Commissioner that there may be sufficient grounds for
him to make any report or recommendation that may criticize or
adversely affect any person he shall give to the person an
opportunity to be heard.
44. Evidence
(1) Subject to subsection (2) and section 45, the Commissioner
may, for the purposes of any investigation, summon before him any
person who—
(a) in the opinion of the Commissioner, is able to give any
information relevant to those purposes;
(b) where the investigation was initiated by a complaint, is the
Complainant (or, if the Complainant is a relevant person,
the individual in respect of whom the Complainant is such a
person, or both),
and may examine any such person and require him to furnish to the
Commissioner any information and to produce any document or thing
which, in the opinion of the Commissioner, is relevant to those
purposes and which may be in the possession or under the control of
any such person.
(2) Where—
(a) an investigation has been initiated by a complaint;
(b) the complaint relates, whether in whole or in part, to
personal data referred to in section 61(1);
(c) the Commissioner has, for the purposes of that
investigation, under subsection (1)(a) summoned before him a
person; and
(d) that person asserts, in response to any requirement under
subsection (1) by the Commissioner to furnish him with
information or to produce a document or thing, that—
(i) to comply with that requirement would directly or
indirectly disclose the identity of the individual
from whom those data were collected (whether in whole
or in part); or
(ii) he is not required to comply with that requirement by
virtue of any common law privilege,
then—
(i) notwithstanding any other provision of this Ordinance, the
Commissioner shall not serve an enforcement notice on that
person in relation to that requirement;
(ii) the Commissioner may, not later than 28 days after that
assertion is made known to him, make an application to the
to the High Court for an order directing that person to
comply with that requirement;
(iii) the High Court may make the order if, but only if, it is
satisfied, having regard to all the circumstances
(including the circumstances of the Complainant), that—
(A) if the act or practice specified in the complaint were
proven to be a contravention of a requirement under this
Ordinance, the contravention would be of sufficient
gravity to warrant that person complying with the
requirement referred to in paragraph (d);
(B) that investigation would be substantially prejudiced if
the requirement referred to in paragraph (d) were not
complied with;
(C) it is in the public interest, having regard to the
benefit likely to accrue to that investigation, that the
requirement referred to in paragraph (d) be complied
with; and
(D) in any case to which paragraph (d)(ii) is applicable,
the common law privilege asserted does not apply; and
(iv) on the hearing of the application, the Commissioner, that
person and the Complainant shall each be entitled to be heard
on the application and to call, examine and cross-examine any
witness.
(3) Where—
(a) a person has complied with a requirement referred to in
subsection (2)(d) the subject of an assertion referred to in
that subsection; and
(b) the result (whether in whole or in part) of the
investigation to which that requirement relates is that the
Commissioner is of the opinion that the individual concerned
referred to in subsection
(2)(d)(i) has not contravened a requirement under this Ordinance
in relation to the matter the subject of the complaint which
initiated the investigation,
then, notwithstanding any other provision of this Ordinance, neither
the Commissioner nor any prescribed officer shall disclose the
identity of that individual to the Complainant.
(4) The High Court may, of its own volition or on an application
made to it for the purpose, by order reverse, vary or discharge an
order made under subsection (2)(iii) or suspend the operation of such
an order.
(5) Provision may be made by rules of court—
(a) with respect to applications to the High Court under
subsection (2)(iii) or (4);
(b) generally with respect to procedure before the High Court in
relation to any such application.
(6) Subsection (5) is without prejudice to the generality of any
existing power to make rules.
(7) The Commissioner may administer an oath for the purposes of
an examination under subsection (1) if he thinks fit.
(8) It is hereby declared that—
(a) no obligation to maintain secrecy or other restriction,
imposed by law, upon the disclosure of any information,
document or other thing, that is or has been in the
possession or under the control of any person referred to in
subsection (1), shall apply to its disclosure for the
purposes of an investigation; and
(b) any requirement by the Commissioner that any such
information, document or thing as is referred to in
paragraph (a) be disclosed or produced for the purposes of
an investigation shall be sufficient authority for its
disclosure or production to the Commissioner.
(9) The Commissioner may pay the reasonable expenses of
Complainants (including, if the Complainant is a relevant person, the
individual in respect of whom the Complainant is such a person) and
witnesses incurred during the course of an investigation.
45. Protection of witnesses, etc. (1) Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things, for the purposes of an investigation, as witnesses have in civil proceedings in the Supreme Court but any rule of law which authorizes or requires the withholding of any document or thing, or the refusal to answer any question, on the ground that the disclosure of the document or thing or the answering of the question, as the case may be, would be injurious to the public interest. shall not apply in respect of any investigation. (2) Except on the trial of any person for perjury in respect of his sworn testimony, or for an offence under this Ordinance, no statement made or answer given by that or any other person in the course of any investigation shall be admissible in evidence against any person, before any magistrate or in any court or at any inquiry or in any other proceedings, and no evidence in respect of an investigation shall be given against any person. (3) Where the giving of any information or the answering of any question or the production of any document or thing would involve the disclosure, without the consent of the Governor, of the deliberations of the Executive Council, the Commissioner shall not require the information or answer to be given or, as the case may be, the document or thing to be produced.
46. Commissioner, etc. to maintain secrecy
(1) Subject to subsections (2) and (3), the Commissioner and
every prescribed officer shall maintain secrecy in respect of all
matters that come to their actual knowledge in the performance of
their functions and the exercise of their powers under this Part.
(2) Subsection (1) shall not operate so as to prevent the
Commissioner or any prescribed officer from—
(a) disclosing in the course of proceedings—
(i) for an offence under this Ordinance; and
(ii) before any court or magistrate,
any matter relevant to those proceedings;
(b) reporting evidence of any crime to such authority as he
considers appropriate;
(c) disclosing to a person any matter referred to in subsection
(1) which, in the opinion of the Commissioner or prescribed
officer, may be ground for a complaint by that person.
(3) Subject to subsection (4), the Commissioner may disclose in
any report made by him under this Ordinance any matter that in his
opinion ought to be disclosed in order to establish grounds for his
findings and recommendations other than a matter the disclosure of
which in his opinion would involve the disclosure of personal data
that are exempt from data protection principle 6 by virtue of an
exemption under Part VIII.
(4) The Commissioner shall not publish a report under this
Ordinance after completing an inspection or investigation unless—
(a) a copy of the report in the form in which it is to be
published has been supplied to the relevant data user;
(b) that copy is accompanied by a notice in writing inviting the
data user to advise the Commissioner, in writing and not
later than 28 days after being served with the copy,
whether—
(i) in the opinion of the data user there is any matter in
the copy the disclosure of which would involve the
disclosure of personal data that are exempt from the
provisions of data protection principle 6 by virtue of
an exemption under Part VIII; and
(ii) the data user objects to the disclosure of the matter;
and
(c) either—
(i) the period referred to in paragraph (b) has expired
without the Commissioner receiving any such advice; or
(ii) such advice is received by the Commissioner and—
(A) the Commissioner deletes from the report the
matter the subject of the advice; or
(B) the Commissioner decides not to delete that matter
from the report and—
(I) the period referred to in subsection (6)
expires without the data user making an
appeal under that subsection against that
decision; or
(II) such an appeal is unsuccessful or withdrawn.
(5) Where the Commissioner makes a decision referred to in
subsection (4)(c)(ii)(B), he shall serve on the relevant data user
who gave the advice concerned a notice in writing—
(a) stating his decision;
(b) informing the data user that he may appeal under subsection
(6) against that decision, and
(c) accompanied by a copy of this section.
(6) An appeal may be made to the Administrative Appeals Board
against a decision of the Commissioner referred to in subsection
(4)(c)(ii)(B) by the relevant data user not later than 14 days after
the notice under subsection (5) stating that decision has been served
on the data user.
47. Persons to be informed of result of
inspection or investigation
(1) Where the Commissioner has completed an inspection, he shall,
in such manner and at such time as he thinks fit, inform the relevant
data user of—
(a) the result of the inspection;
(b) any recommendations arising from the inspection that the
Commissioner thinks fit to make relating to the promotion of
compliance with the provisions of this Ordinance, in
particular the data protection principles, by the data user;
(c) any report arising from the inspection that he proposes to
publish under section 48; and
(d) such other comments arising from the inspection as he thinks
fit to make.
(2) Where the Commissioner has completed an investigation, he
shall, in such manner and at such time as he thinks fit, inform the
relevant data user of—
(a) the result of the investigation;
(b) any recommendations arising from the investigation that the
Commissioner thinks fit to make relating to the promotion of
compliance with the provisions of this Ordinance, in
particular the data protection principles, by the data user;
(c) any report arising from the investigation that he proposes
to publish under section 48;
(d) whether or not he proposes to serve an enforcement notice on
the data user in consequence of the investigation; and
(e) such other comments arising from the investigation as he
thinks fit to make.
(3) Where the Commissioner has completed an investigation
initiated by a complaint, he shall, in such manner and at such time
as he thinks fit, inform the Complainant of—
(a) the result of the investigation;
(b) any recommendations made to the relevant data user under
subsection (2)(b);
(c) any report arising from the investigation that he proposes
to publish under section 48;
(d) any comments made by or on behalf of the relevant data user
on any such recommendations or report;
(e) whether or not he has served, or proposes to serve, an
enforcement notice on the relevant data user in consequence
of the investigation;
(f) if the Commissioner has not so served, and does not propose
to so serve, such enforcement notice, his right to object
thereto under subsection (4); and
(g) such other comments arising from the investigation as he
thinks fit to make.
(4) The Complainant (or, if the complainant is a relevant person,
the individual in respect of whom the complainant is such a person,
or either) may appeal to the Administrative Appeals Board against a
decision of the Commissioner—
(a) to the effect that he has not served, and does not propose
to serve, an enforcement notice on the relevant data user in
consequence of the investigation concerned; and
(b) of which the Complainant was informed in the notice
concerned under subsection (3) served on him.
48. Reports by Commissioner
(1) Subject to subsection (3), the Commissioner may, after
completing an inspection where section 36(b) is applicable, publish a
report—
(a) setting out any recommendations arising from the inspection
that the Commissioner thinks fit to make relating to the
promotion of compliance with the provisions of this
Ordinance, in particular the data protection principles, by
the class of data users to which the relevant data user
belongs; and
(b) in such manner as he thinks fit.
(2) Subject to subsection (3), the Commissioner may, after
completing an investigation and if he is of the opinion that it is in
the public interest to do so, publish a report—
(a) setting out—
(i) the result of the investigation;
(ii) any recommendations arising from the investigation
that the Commissioner thinks fit to make relating to
the promotion of compliance with the provisions of
this Ordinance, in particular the data protection
principles, by the class of data users to which the
relevant data user belongs; and
(iii) such other comments arising from the investigation as
he thinks fit to make; and
(b) in such manner as he thinks fit.
(3) Subject to subsection (4), a report published under
subsection (1) or (2) shall be so framed as to the prevent the
identity of any individual being ascertained from it.
(4) Subsection (3) shall not apply to any individual who is—
(a) the Commissioner or a prescribed officer;
(b) the relevant data user.
49. Cases in which sections 47 and 48 shall not apply
Where—
(a) the Commissioner has completed an investigation (and whether
or not the investigation was initiated by a complaint);
(b) the result of the investigation is that the act or practice
the subject of the investigation is not a contravention of a
requirement under this Ordinance because of an exemption
under Part VIII; and
(c) the interest protected by that exemption would be likely to
be prejudiced if sections 47 and 48 applied in relation to
the investigation,
then—
(i) those sections shall not apply in relation to the
investigation; and
(ii) the Commissioner shall, in such manner and at such time as
he thinks fit—
(A) inform the relevant data user of the result of the
investigation and such other comments arising from the
investigation as he thinks fit;
(B) if the investigation was initiated by a complaint,
inform the Complainant that the result of the
investigation is that he is satisfied that the act or
practice the subject of the investigation is not a
contravention of a requirement under this Ordinance (or
words to the like effect).
50. Enforcement notices
(1) Where, following the completion of an investigation, the
Commissioner is of the opinion that the relevant data user—
(a) is contravening a requirement under this Ordinance; or
(b) has contravened such a requirement in circumstances that
make it likely that the contravention will continue or be
repeated,
then the Commissioner may serve on the relevant data user a notice in
writing—
(i) stating that he is of that opinion;
(ii) specifying the requirement as to which he is of that opinion
and the reasons why he is of that opinion;
(iii) directing the data user to take such steps as are specified
in the notice to remedy the contravention or, as the case
may be, the matters occasioning it within such period
(ending not earlier than the period specified in subsection
(7) within which an appeal against the notice may be made)
as is specified in the notice; and
(iv) accompanied by a copy of this section.
(2) In deciding whether to serve an enforcement notice the
Commissioner shall consider whether the contravention or matter to
which the notice relates has caused or is likely to cause damage or
distress to any individual who is the data subject of any personal
data to which the contravention or matter, as the case may be,
relates.
(3) The steps specified in an enforcement notice to remedy any
contravention or matter to which the notice relates may be framed—
(a) to any extent by reference to any approved code of practice;
(b) so as to afford the relevant data user a choice between
different ways of remedying the contravention or matter, as
the case may be.
(4) Subject to subsection (5), the period specified in an
enforcement notice for taking the steps specified in it shall not
expire before the end of the period specified in subsection (7)
within which an appeal against the notice may be
made and, if such an appeal is made, those steps need not be taken
pending the determination or withdrawal of the appeal.
(5) If the Commissioner is of the opinion that by reason of
special circumstances the steps specified in an enforcement notice
should be taken as a matter of urgency—
(a) he may include a statement to that effect in the notice
together with the reasons why he is of that opinion;
(b) where such a statement is so included, subsection (4) shall
not apply but the notice shall not require those steps to be
taken before the end of the period of 7 days beginning with
the date on which the notice was served.
(6) The Commissioner may cancel an enforcement notice by notice
in writing served on the relevant data user.
(7) An appeal may be made to the Administrative Appeals Board
against an enforcement notice by the relevant data user not later
than 14 days after the notice was served.
(8) Where the Commissioner—
(a) forms an opinion referred to in subsection (1) in respect of
the relevant data user at any time before the completion of
an investigation; and
(b) is also of the opinion that, by reason of special
circumstances, an enforcement notice should be served on the
relevant data user as a matter of urgency,
he may so serve such notice notwithstanding that the investigation
has not been completed and, in any such case—
(i) the Commissioner shall, without prejudice to any other
matters to be included in such notice, specify in the notice
the reasons as to why he is of the opinion referred to in
paragraph (b); and
(ii) the other provisions of this Ordinance (including this
section) shall be construed accordingly.
|  this part | | |
Contents
[Prelim. & definitions]
[Admin.] [Codes of practice]
[Returns & register]
[Data access & correction]
[Matching & transfers]
[Complaints, etc.] [Exemptions]
[Offences] [Forms, fees, etc.]
[Sched 1: Data protection principles]
[Sched 2: Finances]
[Sched 3: Prescribed information]
[Sched 4: Other ordinances]
[Sched 5: Prescribed matters]
[Sched 6: Warrants]
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For consulting on compliance with the Personal Data (Privacy) Ordinance or creative help with business planning, information technology, project management and the Internet please contact us. |