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CHAPTER
486
PERSONAL DATA (PRIVACY) ORDINANCE
Part
V - ACCESS TO AND CORRECTION OF PERSONAL DATA
25.
Notification of refusal to comply with data correction
request, etc.
| (1) |
A data user who pursuant to section 24 refuses
to comply with section 23(1) in relation to a
data correction request shall, as soon as practicable
but, in any case, not later than 40 days after
receiving the request, by notice in writing inform
the requestor-
| (a)
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of the refusal and the reasons for the
refusal; and
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| (b) |
where section 24(3)(e) is applicable, of
the name and address of the other data user
concerned.
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| (2) |
Without
prejudice to the generality of subsection (1),
where-
| (a)
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the personal data to which a data correction
request relates are an expression of opinion,
and
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| (b) |
the data user concerned is not satisfied
that the opinion is inaccurate, then the
data user shall-
- make a note, whether annexed to that
data or elsewhere
(A) of the matters in respect of which
the opinion is considered by the requestor
to be inaccurate; and
(B) in such a way that those data cannot
be used by a person (including the data
user and a third party) without the note
being drawn to the attention of, and being
available for inspection by, that person;
and
- attach a copy of the note to the notice
referred to in subsection (1) which relates
to that request.
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| (3) |
In this section,
"expression of opinion" ( )
includes an assertion of fact which-
| (a)
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is unverifiable; or
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| (b) |
in all the circumstances of the case, is
not practicable to verify.
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