The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VII - INSPECTIONS, COMPLAINTS AND INVESTIGATIONS

49. Cases in which sections 47 and 48 shall not apply

Where-

(a)

the Commissioner has completed an investigation (and whether or not the investigation was initiated by a complaint);

(b)

the result of the investigation is that the act or practice the subject of the investigation is not a contravention of a requirement under this Ordinance because of an exemption under Part VIII; and

(c)

the interest protected by that exemption would be likely to be prejudiced if sections 47 and 48 applied in relation to the investigation, then-

  1. those sections shall not apply in relation to the investigation; and
  2. the Commissioner shall, in such manner and at such time as he thinks fit-

    (A) inform the relevant data user of the result of the investigation and such other comments arising from the investigation as he thinks fit;

    (B) if the investigation was initiated by a complaint, inform the complainant that the result of the investigation is that he is satisfied that the act or practice the subject of the investigation is not a contravention of a requirement under this Ordinance (or words to the like effect).

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