| (1) |
Subject to subsections (2)
and (3), the Commissioner and every prescribed officer
shall maintain secrecy in respect of all matters that
come to their actual knowledge in the performance of
their functions and the exercise of their powers under
this Part.
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| (2) |
Subsection (1) shall not operate so as to prevent the
Commissioner or any prescribed officer from-
| (a)
|
disclosing in the course of proceedings-
- for an offence under this Ordinance; and
- before any court or magistrate, any matter
relevant to those proceedings;
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| (b) |
reporting evidence of any crime to such authority
as he considers appropriate;
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| (c) |
disclosing
to a person any matter referred to in subsection
(1) which, in the opinion of the Commissioner or
prescribed officer, may be ground for a complaint
by that person. |
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| (3) |
Subject to subsection (4), the Commissioner may disclose
in any report made by him under this Ordinance any matter
that in his opinion ought to be disclosed in order to
establish grounds for his findings and recommendations
other than a matter the disclosure of which in his opinion
would involve the disclosure of personal data that are
exempt from data protection principle 6 by virtue of
an exemption under Part VIII.
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| (4) |
The Commissioner shall not publish a report under this
Ordinance after completing an inspection or investigation
unless-
| (a)
|
a copy of the report in the form in which it
is to be published has been supplied to the relevant
data user;
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| (b) |
that copy is accompanied by a notice in writing
inviting the data user to advise the Commissioner,
in writing and not later than 28 days after being
served with the copy, whether-
- in the opinion of the data user there is any
matter in the copy the disclosure of which would
involve the disclosure of personal data that
are exempt from the provisions of data protection
principle 6 by virtue of an exemption under
Part VIII; and
- the data user objects to the disclosure of
the matter; and
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| (c) |
either-
- the period referred to in paragraph (b) has
expired without the Commissioner receiving any
such advice; or
- such advice is received by the Commissioner
and-
(A) the Commissioner deletes from the report
the matter the subject of the advice; or
(B) the Commissioner decides not to delete that
matter from the report and-
(I) the period referred to in subsection (6)
expires without the data user making an appeal
under that subsection against that decision;
or
(II) such an appeal is unsuccessful or withdrawn.
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| (5) |
Where the Commissioner makes a decision referred to
in subsection (4)(c)(ii)(B), he shall serve on the relevant
data user who gave the advice concerned a notice in
writing-
| (a)
|
stating his decision;
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| (b) |
informing the data user that he may appeal under
subsection (6) against that decision, and
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| (c) |
accompanied by a copy of this section.
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| (6) |
An appeal may be
made to the Administrative Appeals Board against a decision
of the Commissioner referred to in subsection (4)(c)(ii)(B)
by the relevant data user not later than 14 days after
the notice under subsection (5) stating that decision
has been served on the data user. |
