PCPD - PCPD 2004-2005 Annual Report

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Annual Report

[Image of Monitoring Compliance]

Complaint Investigations

[Image of Figure 6 - Summary of Complaints Handled in 2004-2005]

At the beginning of the reporting year, 157 complaints were being processed. With the 953 new complaints received, the PCPD handled a total of 1,110 complaints during the reporting period. Of these, 220 (20%) cases were declined for further action after preliminary consideration because 195 of them were found to have no prima facie case to support allegations of breaches of the Ordinance, and the remaining 25 cases were outside the jurisdiction of the Privacy Commissioner. The remaining 890 (80%) cases were screened-in for further consideration. Of these, 695 (78%) cases were resolved during the reporting year while the balance of 195 (22%) were still being processed on 31 March 2005 (Figure 6).

[Image of Figure 7 Outcome of Complaints]

[Image of Figure 8 Results of Formal Investigations]

[Image of Figure 9 - Nature of Contravention]

Of the 36 formal investigations completed during the reporting period, the PCPD found contravention of the requirements of the Ordinance in 24 (67%) cases. In 11 (30%) cases, either no contravention was found or contravention was not established due to insufficient evidence. The one remaining case (3%) was discontinued as the complainant decided not to pursue the matter further.

[Image of Figure 10 - Actions Taken as a Result of Investigation]

In the 315 cases resolved through mediation, the PCPD provided advice and recommendations to 126 organizations on their practices and procedures order to assist them in complying with the data protection principles and other requirements of the Ordinance.

In the 24 cases in which requirements of the Ordinance were found to have been contravened, the PCPD issued 22 enforcement notices on the parties complained against to prevent continuation or repetition of the contraventions. In the remaining two cases, the parties complained against had either taken measures to remedy the contraventions, or given a written undertaking to implement them. As a result, enforcement action through the issuance of an enforcement notice was not deemed to be necessary, and warning notices were issued.

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