PCPD - The Ordinance (Full Text)

The Ordinance

The Ordinance (Full Text)

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)
of the refusal and the reasons for the refusal; and

(b)
where section 24(3)(e) is applicable, of the name and address of the other data user concerned.

(2)
Without prejudice to the generality of subsection (1), where-

(a)
the personal data to which a data correction request relates are an expression of opinion, and

(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.

(3)
In this section, "expression of opinion" ([image]) includes an assertion of fact which-

(a)
is unverifiable; or

(b)
in all the circumstances of the case, is not practicable to verify.

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