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CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part VII - INSPECTIONS, COMPLAINTS
AND INVESTIGATIONS
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)
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where the personal data system, or any part thereof,
the subject of the inspection is situated in-
- non-domestic premises, enter the premises
at any reasonable time;
- domestic premises, enter the premises with
the consent of any person (other than a minor)
resident therein;
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| (b) |
carry out in the premises the inspection.
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| (2) |
Subject to subsections (3) and (8), the Commissioner
may, for the purposes of an investigation-
| (a)
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enter any premises-
- occupied by the relevant data user; or
- in which is situated the personal data system,
or any part thereof, used by the relevant data
user;
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| (b) |
carry out in the premises the investigation.
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| (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)
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of the premises in respect of which he proposes
to exercise that power; and
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| (b) |
that the power will not be so exercised before
the expiration of 14 days after service of the
notice.
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| (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. |
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| (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). |
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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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