Personal Data (Privacy) Ordinance
Part 7
7-4
Section 38
Cap. 486
(i) has been done or engaged in, or is being done or
engaged in, as the case may be, by a data user
specified in the complaint;
(ii) relates to personal data of which the individual is
or, in any case in which the data user is relying
upon an exemption under Part 8, may be, the data
subject; and
(iii) may be a contravention of a requirement under this
Ordinance (including section 28(4)).
(2) Where 2 or more individuals may each make a complaint
about the same act or practice, then any of those individuals,
or any relevant person on behalf of any of those individuals,
may make such a complaint on behalf of all those individuals,
and the provisions of this Ordinance (including subsection (1))
shall be construed accordingly.
(3) A complaint shall be—
(a) in writing in the Chinese or English language; or
(b) in such other form as the Commissioner may accept.
(4) It shall be the duty of the Commissioner and each prescribed
officer who has been employed under section 9(1)(a) to
provide appropriate assistance to an individual, or a relevant
person on behalf of an individual, who wishes to make a
complaint and requires assistance to formulate the complaint.
(Amended E.R. 1 of 2013)
38.
Investigations by Commissioner
Where the Commissioner—
(a) receives a complaint; or
(b) has reasonable grounds to believe that an act or
practice—
Verified Copy
Last updated date
25.4.2013
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