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CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part VII - INSPECTIONS, COMPLAINTS
AND INVESTIGATIONS
47. Persons to be informed
of result of inspection or investigation
| (1) |
Where the Commissioner has
completed an inspection, he shall, in such manner and
at such time as he thinks fit, inform the relevant data
user of-
| (a)
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the result of the inspection;
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| (b) |
any recommendations arising from the inspection
that the Commissioner thinks fit to make relating
to the promotion of compliance with the provisions
of this Ordinance, in particular the data protection
principles, by the data user;
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| (c) |
any report
arising from the inspection that he proposes to
publish under section 48; and . |
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| (d) |
such other
comments arising from the inspection as he thinks
fit to make. |
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| (2) |
Where the Commissioner has completed an investigation,
he shall, in such manner and at such time as he thinks
fit, inform the relevant data user of-
| (a)
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the result of the investigation;
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| (b) |
any recommendations arising from the investigation
that the Commissioner thinks fit to make relating
to the promotion of compliance with the provisions
of this Ordinance, in particular the data protection
principles, by the data user;
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| (c) |
any report
arising from the investigation that he proposes
to publish under section 48; |
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| (d) |
whether or
not he proposes to serve an enforcement notice on
the data user in consequence of the investigation;
and |
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| (e) |
such other
comments arising from the investigation as he thinks
fit to make. |
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| (3) |
Where the Commissioner has completed an investigation
initiated by a complaint, he shall, in such manner and
at such time as he thinks fit, inform the complainant
of
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the result of the investigation;
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| (b) |
any recommendations made to the relevant data
user under subsection (2)(b);
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| (c) |
any report
arising from the investigation that he proposes
to publish under section 48; |
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| (d) |
any comments
made by or on behalf of the relevant data user on
any such recommendations or report; |
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| (e) |
whether or
not he has served, or proposes to serve, an enforcement
notice on the relevant data user in consequence
of the investigation; |
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| (f) |
if the Commissioner
has not so served, and does not propose to so serve,
such enforcement notice, his right to object thereto
under subsection (4); and |
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| (g) |
such other
comments arising from the investigation as he thinks
fit to make. |
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| (4) |
The complainant (or, if the complainant is a relevant
person, the individual in respect of whom the complainant
is such a person, or either) may appeal to the Administrative
Appeals Board against a decision of the Commissioner-
| (a)
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to the effect that he has not served, and does
not propose to serve, an enforcement notice on
the relevant data user in consequence of the investigation
concerned; and
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| (b) |
of which the complainant was informed in the
notice concerned under subsection (3) served on
him.
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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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