The Ordinance
The Ordinance (Full Text)
CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part VII - INSPECTIONS, COMPLAINTS AND INVESTIGATIONS
46. Commissioner, etc. to maintain secrecy
| (1) |
Subject to subsections (2) and (3), the Commissioner and every prescribed officer shall maintain secrecy in respect of all matters that come to their actual knowledge in the performance of their functions and the exercise of their powers under this Part. |
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| (2) |
Subsection (1) shall not operate so as to prevent the Commissioner or any prescribed officer from-
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| (3) |
Subject to subsection (4), the Commissioner may disclose in any report made by him under this Ordinance any matter that in his opinion ought to be disclosed in order to establish grounds for his findings and recommendations other than a matter the disclosure of which in his opinion would involve the disclosure of personal data that are exempt from data protection principle 6 by virtue of an exemption under Part VIII. |
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| (4) |
The Commissioner shall not publish a report under this Ordinance after completing an inspection or investigation unless-
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| (5) |
Where the Commissioner makes a decision referred to in subsection (4)(c)(ii)(B), he shall serve on the relevant data user who gave the advice concerned a notice in writing-
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| (6) | An appeal may be made to the Administrative Appeals Board against a decision of the Commissioner referred to in subsection (4)(c)(ii)(B) by the relevant data user not later than 14 days after the notice under subsection (5) stating that decision has been served on the data user. |
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