Personal Data (Privacy) Ordinance
Part 7
7-8
Section 39
Cap. 486
(c) the complainant cannot be identified or traced;
(d) none of the following conditions is fulfilled in respect of
the act or practice specified in the complaint—
(i) either—
(A) the complainant (or, if the complainant is a
relevant person, the individual in respect of
whom the complainant is such a person) was
resident in Hong Kong; or
(B) the relevant data user was able to control, in
or from Hong Kong, the collection, holding,
processing or use of the personal data
concerned,
at any time the act or practice was done or engaged
in, as the case may be;
(ii) the complainant (or, if the complainant is a
relevant person, the individual in respect of whom
the complainant is such a person) was in Hong
Kong at any time the act or practice was done or
engaged in, as the case may be;
(iii) in the opinion of the Commissioner, the act or
practice done or engaged in, as the case may be,
may prejudice the enforcement of any right, or
the exercise of any privilege, acquired or accrued
in Hong Kong by the complainant (or, if the
complainant is a relevant person, the individual in
respect of whom the complainant is such a person);
or
(e) the Commissioner is satisfied that the relevant data user
has not been a data user for a period of not less than
2 years immediately preceding the date on which the
Commissioner received the complaint.
Verified Copy
Last updated date
25.4.2013
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents