18. According to the case ofAdministrative Appeal No. 32/2004, it is the complainant's duty to provide justification showing that there is a prima facie case of contravention of the Ordinance. In that ' case, the Administrative Appeals Board decided that: []If there is no prima facie evidence of contravention of the Ordinance by the practice or act complained of, the Privacy Commissioner can exercise his discretion to refuse investigation under section 39. The Appellant should bear in mind that complaint about contravention of the Ordinance by others is equivalent to accusation of committing an offence, which is a serious accusation. Therefore, a complaint should have basis, including evidence and justification. The Privacy Commissioner has to consider if there is any basis for the complaint, i.e. prima facie evidence and justification, before deciding whether to investigate...['] In this regard, the onus rests with you as the complainant, to prove that your personal data contained in the articles posted through the Links is inaccurate. 19. Given that you refused to state to us whether you were in fact arrested bv the Police as mentioned in the articles and online forums concerned [,..], there is a lack of evidence to prove that the contents associated with the Links are inaccurate and therefore warrant erasure. “ (emphasis added) 14. Thirdly, the Respondent considered that the right to be forgotten was not applicable, and non-erasure or retention of the data posted through the Links could be reasonably justified: 8

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