| (1) |
Subject to subsection (2),
a data user shall refuse to comply with section 23(1)
in relation to a data correction request if the data
user is not supplied with such information as the data
user may reasonably require-
| (a)
|
in order to satisfy the data user as to the identity
of the requestor;
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| (b) |
where the requestor purports to be a relevant
person, in order to satisfy the data user-
- as to the identity of the individual in relation
to whom the request or purports to be such a
person; and
- that the requestor is such a person in relation
to that individual.
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| (2) |
Subsection (1) shall not apply to a data correction
request where the requestor is the same person as the
requestor in respect of the data access request which
gave rise to the data correction request.
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| (3) |
A data user may refuse to comply with section 23(1)
in relation to a data correction request if-
| (a)
|
the request is not in writing in the Chinese
or English language;
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| (b) |
the data user is not satisfied that the personal
data to which the request relates are inaccurate;
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| (c) |
the data
user is not supplied with such information as the
data user may reasonably require to ascertain in
what way the personal data to which the request
relates are inaccurate; |
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| (d) |
the data
user is not satisfied that the correction which
is the subject of the request is accurate; or |
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| (e) |
subject to
subsection (4), any other data user controls the
processing of the personal data to which the request
relates in such a way as to prohibit the first-mentioned
data user from complying (whether in whole or in
part) with that section. |
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| (4) |
Subsection (3)(e)
shall not operate so as to excuse a data user from complying
with section 23(1) in relation to the data correction
request concerned to the extent that the data user can
comply with that section without contravening the prohibition
concerned. |
