The Ordinance
The Ordinance (Full Text)
CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE
Part VII - INSPECTIONS, COMPLAINTS AND INVESTIGATIONS
50. Enforcement notices
| (1) |
Where, following the completion of an investigation, the Commissioner is of the opinion that the relevant data user-
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| (2) | In deciding whether to serve an enforcement notice the Commissioner shall consider whether the contravention or matter to which the notice relates has caused or is likely to cause damage or distress to any individual who is the data subject of any personal data to which the contravention or matter, as the case may be, relates. | ||||||
| (3) |
The steps specified in an enforcement notice to remedy any contravention or matter to which the notice relates may be framed-
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| (4) | Subject to subsection (5), the period specified in an enforcement notice for taking the steps specified in it shall not expire before the end of the period specified in subsection (7) within which an appeal against the notice may be made and, if such an appeal is made, those steps need not be taken pending the determination or withdrawal of the appeal. | ||||||
| (5) |
If the Commissioner is of the opinion that by reason of special circumstances the steps specified in an enforcement notice should be taken as a matter of urgency-
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| (6) | The Commissioner may cancel an enforcement notice by notice in writing served on the relevant data user. | ||||||
| (7) | An appeal may be made to the Administrative Appeals Board against an enforcement notice by the relevant data user not later than 14 days after the notice was served. | ||||||
| (8) |
Where the Commissioner-
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