| (1) |
A failure on the part of any
data user to observe any provision of an approved code
of practice shall not of itself render the data user
liable to any civil or criminal proceedings but where
in any proceedings under this Ordinance a data user
is alleged to have contravened a requirement under this
Ordinance, being a requirement for which there was an
approved code of practice at the time of the alleged
contravention, subsection (2) shall have effect with
respect to such code in relation to those proceedings.
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| |
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| (2) |
Any provision of a code of practice which appears to
a specified body to be relevant to a requirement under
this Ordinance alleged to have been contravened shall
be admissible in evidence in the proceedings under this
Ordinance concerned and if it is proved that there was
at any material time a failure to observe any provision
of the code which appears to that body to be relevant
to any matter which it is necessary to prove in order
to establish a contravention of such requirement, that
matter shall be taken as proved in the absence of evidence
that such requirement was in respect of that matter
complied with otherwise than by way of observance of
that provision.
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| (3) |
In any proceedings under this Ordinance, a code of
practice which appears to a specified body to be the
subject of a notice under section 12 shall be taken
to be the subject of such notice in the absence of evidence
to the contrary.
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| (4) |
In this section-
"proceedings under
this Ordinance" ( 
) includes any criminal proceedings where a data user is alleged to have
committed an offence by reason of a contravention of a requirement under
this Ordinance;
"specified body"
( 
) means-
| (a)
|
a magistrate;
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| (b) |
a court; or
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| (c) |
the Administrative
Appeals Board. |
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