Personal Data (Privacy) Ordinance
Part 7
7-48
Section 50
Cap. 486
a notice in writing, directing the data user to remedy and,
if appropriate, prevent any recurrence of the contravention.
(Replaced 18 of 2012 s. 28)
(1A) An enforcement notice under subsection (1) must—
(a) state that the Commissioner is of the opinion referred to
in subsection (1) and the reason for that opinion;
(b) specify—
(i) the requirement which, in the opinion of the
Commissioner, is being or has been contravened;
and
(ii) the act or omission
contravention;
that
constitutes
the
(c) specify the steps that the data user must take (including
ceasing any act or practice) to remedy and, if
appropriate, prevent any recurrence of the contravention;
(d) specify the date on or before which the steps must be
taken; and
(e) be accompanied by a copy of this section. (Added 18 of
2012 s. 28)
(1B) The date specified in subsection (1A)(d) must be a date
which is not earlier than the expiry of the period specified in
subsection (7) within which an appeal against the notice may
be made. (Added 18 of 2012 s. 28)
(2) In deciding whether to serve an enforcement notice the
Commissioner shall consider whether the contravention
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 relates.
(Amended 18 of 2012 s. 28)
Verified Copy
Last updated date
25.4.2013
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