Personal Data (Privacy) Ordinance Part 6 6-4 Section 31 Cap. 486 (3) The Commissioner shall, before specifying any conditions in a notice under subsection (2), consult with— (a) such bodies representative of data users to which the conditions will apply (whether in whole or in part); and (b) such other interested persons, as he thinks fit. (4) It is hereby declared that a notice under subsection (2) is subsidiary legislation. (5) Subject to subsection (6), a data user shall not take adverse action against an individual in consequence (whether in whole or in part) of the carrying out of a matching procedure— (a) unless the data user has served a notice in writing on the individual— (i) specifying the adverse action it proposes to take and the reasons therefor; and (ii) stating that the individual has 7 days after the receipt of the notice within which to show cause why that action should not be taken; and (b) until the expiration of those 7 days. (6) Subsection (5) shall not operate to prevent a data user from taking adverse action against an individual if compliance with the requirements of that subsection would prejudice any investigation into the commission of an offence or the possible commission of an offence. 31. Matching procedure request (1) A data user proposing to carry out, whether in whole or in part, a matching procedure may make a request— (a) in the specified form; (b) to the Commissioner; and Verified Copy Last updated date 25.4.2013

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