The Ordinance
The Ordinance (Full Text)
CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part V - ACCESS TO AND CORRECTION OF PERSONAL DATA
28. Imposition of fees by data user
| (1) |
A data user shall not impose a fee for complying or refusing to comply with a data access request or data correction request unless the imposition of the fee is expressly permitted by this section. |
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| (2) |
Subject to subsections (3) and (4), a data user may impose a fee for complying with a data access request. |
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| (3) |
No fee imposed for complying with a data access request shall be excessive. |
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| (4) |
Where pursuant to section 19(3)(c)(iv) or (v) or (4)(ii)(B)(II) a data user may comply with a data access request by supplying a copy of the personal data to which the request relates in one of 2 or more forms, the data user shall not, and irrespective of the form in which the data user complies with the request, impose a fee for complying with the request which is higher than the lowest fee the data user imposes for complying with the request in any of those forms. |
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| (5) | A data user may refuse to comply with a data access request unless and until any fee imposed by the data user for complying with the request has been paid. | ||||||
| (6) |
Where-
then the data user may, and notwithstanding the fee, if any, that the data user imposed for complying with that data access request, impose a fee for supplying that further copy which is not more than the administrative and other costs incurred by the data user in supplying that further copy. |
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