Personal Data (Privacy) Ordinance
Part 7
7-14
Section 42
Cap. 486
42.
Power of entry on premises for the purposes of an inspection
or investigation
(1) Subject to subsections (3) and (8), the Commissioner may, for
the purposes of an inspection—
(a) where the personal data system, or any part thereof, the
subject of the inspection is situated in—
(i) non-domestic premises, enter the premises at any
reasonable time;
(ii) domestic premises, enter the premises with the
consent of any person (other than a minor) resident
therein;
(b) carry out in the premises the inspection.
(2) Subject to subsections (3) and (8), the Commissioner may, for
the purposes of an investigation—
(a) enter any premises—
(i) occupied by the relevant data user; or
(ii) in which is situated the personal data system, or
any part thereof, used by the relevant data user;
(b) carry out in the premises the investigation.
(3) Subject to subsections (4) and (5), the Commissioner shall,
not less than 14 days before exercising his power under
subsection (1) or (2) in respect of any premises, by notice
in writing served on the relevant data user, inform the data
user—
(a) of the premises in respect of which he proposes to
exercise that power; and
(b) that the power will not be so exercised before the
expiration of 14 days after service of the notice.
Verified Copy
Last updated date
25.4.2013
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