PCPD - The Ordinance (Full Text)

The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VII - INSPECTIONS, COMPLAINTS AND INVESTIGATIONS

43. Proceedings of Commissioner

(1)

Subject to the provisions of this Ordinance, the Commissioner may, for the purposes of any investigation-

(a)	be furnished with any information, document or thing, from such persons, and make such inquiries, as he thinks fit; and

(b)	regulate his procedure in such manner as he thinks fit.

(2)

Any hearing for the purposes of an investigation shall be carried out in public unless-

(a)	the Commissioner is of the opinion that, in all the circumstances of the case, the investigation should be carried out in private; or

(b)	if the investigation was initiated by a complaint, the complainant requests in writing that the investigation be carried out in private.

(3)

Counsel and solicitors shall not have any right of audience before the Commissioner at any hearing for the purposes of an investigation, but may appear before him if he thinks fit.

(4)

It shall not be necessary for the Commissioner to hold any hearing for the purposes of an investigation and no person shall be entitled to be heard by the Commissioner.

(5)

If at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds for him to make any report or recommendation that may criticize or adversely affect any person he shall give to the person an opportunity to be heard.

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