Personal Data (Privacy) Ordinance Part 7 7-12 Section 40 Cap. 486 (a) of the decision; and (b) of the reasons for the decision. (Added 18 of 2012 s. 22) (4) An appeal may be made to the Administrative Appeals Board— (a) against any refusal or termination specified in a notice under subsection (3) or (3A); and (b) by the complainant on whom the notice was served (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person, or either). (Amended 18 of 2012 s. 22) 40. Commissioner may carry out or continue investigation initiated by complaint notwithstanding withdrawal of complaint Where the Commissioner is of the opinion that it is in the public interest so to do, he may carry out or continue an investigation initiated by a complaint notwithstanding that the complainant has withdrawn the complaint and, in any such case, the provisions of this Ordinance shall apply to the complaint and the complainant as if the complaint had not been withdrawn. 41. Commissioner to inform relevant data user of inspection or investigation (1) The Commissioner shall, before carrying out an inspection or, subject to subsection (2), an investigation, by notice in writing served on the relevant data user, inform the data user of his intention to carry out the inspection or investigation, as the case may be. (2) The Commissioner is not required to comply with subsection (1) in the case of any investigation in respect of which he has reasonable grounds to believe that to so comply may prejudice the purposes of the investigation. Verified Copy Last updated date 25.4.2013

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