PCPD - The Ordinance (Full Text)

The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VII - INSPECTIONS, COMPLAINTS AND INVESTIGATIONS

37. Complaints

(1)

An individual, or a relevant person on behalf of an individual, may make a complaint to the Commissioner about an act or practice-

(a)	specified in the complaint; and

(b)	that- has been done or engaged in, or is being done or engaged in, as the case may be, by a data user specified in the complaint; relates to personal data of which the individual is or, in any case in which the data user is relying upon an exemption under Part VIII, may be, the data subject; and may be a contravention of a requirement under this Ordinance (including section 28(4) ).

(2)

Where 2 or more individuals may each make a complaint about the same act or practice, then any of those individuals, or any relevant person on behalf of any of those individuals, may make such a complaint on behalf of all those individuals, and the provisions of this Ordinance (including subsection (1) ) shall be construed accordingly.

(3)

A complaint shall be-

(a)	in writing in the Chinese or English language; or

(b)	in such other form as the Commissioner may accept.

(4)

It shall be the duty of the Commissioner and each prescribed officer who has been employed under section 9(1)(a) to provide appropriate assistance to an individual, or a relevant person on behalf of an individual, who wishes to make a complaint and requires assistance to formulate the complaint.

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