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CHAPTER
486
PERSONAL DATA (PRIVACY) ORDINANCE
Part
VI - MATCHING PROCEDURES AND TRANSFER OF PERSONAL DATA,
ETC.
32.
Determination of matching procedure request
| (1) |
The Commissioner shall determine a matching procedure
request-
| (a)
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not later than 45 days after receiving
the request; and
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| (b) |
by taking into account the prescribed matters
applicable to the request and-
- where he is satisfied as to those matters,
serving a notice in writing on the requestor
stating that he consents to the carrying
out of the matching procedure to which
the request relates subject to the conditions,
if any, specified in the notice;
- where he is not so satisfied, serving
a notice in writing on the requestor stating-
(A) that he refuses to consent to the
carrying out of the matching procedure
to which the request relates; and
(B) such of those matters in respect of
which he is not so satisfied and the reasons
why he is not so satisfied.
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| (2) |
For the avoidance of doubt, it is hereby declared
that a consent in a notice under subsection (1)(b)(i)
to the carrying out of a matching procedure to
which a matching procedure request relates shall
not operate to prevent a data user who is neither
the requestor nor, where section 31(2) applies
to the request, any data user on whose behalf
such request was made, from carrying out, whether
in whole or in part, the procedure.
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| (3) |
An
appeal may be made to the Administrative Appeals
Board-
| (a)
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against-
- any conditions specified in a notice
under subsection (1)(b)(i); or
- any refusal specified in a notice under
subsection (l)(b)(ii); and
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| (b) |
by the requestor on whom the notice was
served or any data user on whose behalf
the matching procedure request concerned
was made.
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| (4) |
In
this section, "prescribed matter" ( )
means a matter specified in Schedule 5. |
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Notice/
Copyright 2001 Office of the Privacy Commissioner for Personal
Data, Hong Kong. All rights reserved. Disclaimer
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