The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VII - INSPECTIONS, COMPLAINTS AND INVESTIGATIONS

42. Power of entry on premises for the purposes of an inspection or investigation

(1)

Subject to subsections (3) and (8), the Commissioner may, for the purposes of an inspection-

(a)

where the personal data system, or any part thereof, the subject of the inspection is situated in-

  1. non-domestic premises, enter the premises at any reasonable time;
  2. domestic premises, enter the premises with the consent of any person (other than a minor) resident therein;
(b)

carry out in the premises the inspection.

(2)

Subject to subsections (3) and (8), the Commissioner may, for the purposes of an investigation-

(a)

enter any premises-

  1. occupied by the relevant data user; or
  2. in which is situated the personal data system, or any part thereof, used by the relevant data user;
(b)

carry out in the premises the investigation.

(3)

Subject to subsections (4) and (5), the Commissioner shall, not less than 14 days before exercising his power under subsection (1) or (2) in respect of any premises, by notice in writing served on the relevant data user, inform the data user-

(a)

of the premises in respect of which he proposes to exercise that power; and

(b)

that the power will not be so exercised before the expiration of 14 days after service of the notice.

(4) Without prejudice to the generality of subsection (5), where any domestic premises are specified in a notice under subsection (3) in respect of which the Commissioner proposes to exercise his power under subsection (2), then the Commissioner shall not exercise that power in respect of those premises unless and until a person (other than a minor) resident therein consents thereto before the expiration of 14 days after service of the notice.
(5) The Commissioner may, pursuant to a warrant issued under subsection (6), exercise his power under subsection (2) in respect of the premises specified in the warrant without complying with subsection (3).

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