Personal Data (Privacy) Ordinance Part 7 7-22 Section 44 Cap. 486 (b) where the investigation was initiated by a complaint, is the complainant (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person, or both), and may examine any such person and require him to furnish to the Commissioner any information and to produce any document or thing which, in the opinion of the Commissioner, is relevant to those purposes and which may be in the possession or under the control of any such person. (2) Where— (a) an investigation has been initiated by a complaint; (b) the complaint relates, whether in whole or in part, to personal data referred to in section 61(1); (c) the Commissioner has, for the purposes of that investigation, under subsection (1)(a) summoned before him a person; and (d) that person asserts, in response to any requirement under subsection (1) by the Commissioner to furnish him with information or to produce a document or thing, that— (i) to comply with that requirement would directly or indirectly disclose the identity of the individual from whom that data was collected (whether in whole or in part); or (Amended 18 of 2012 s. 23) (ii) he is not required to comply with that requirement by virtue of any common law privilege, then— (i) notwithstanding any other provision of this Ordinance, the Commissioner shall not serve an enforcement notice on that person in relation to that requirement; (ii) the Commissioner may, not later than 28 days after that assertion is made known to him, make an application Verified Copy Last updated date 25.4.2013