Personal Data (Privacy) Ordinance Part 7 7-10 Section 39 (2) The Commissioner may refuse to carry out or decide to terminate an investigation initiated by a complaint if he is of the opinion that, having regard to all the circumstances of the case—  (Amended 18 of 2012 s. 22) (a) the complaint, or a complaint of a substantially similar nature, has previously initiated an investigation as a result of which the Commissioner was of the opinion that there had been no contravention of a requirement under this Ordinance; (b) the act or practice specified in the complaint is trivial; (c) the complaint is frivolous or vexatious or is not made in good faith; (ca) the primary subject matter of the complaint, as shown by the act or practice specified in it, is not related to privacy of individuals in relation to personal data; or (Added 18 of 2012 s. 22) (d) any investigation or further investigation is for any other reason unnecessary. Cap. 486 (3) Where the Commissioner refuses under this section to carry out an investigation initiated by a complaint, he shall, as soon as practicable but, in any case, not later than 45 days after receiving the complaint, by notice in writing served on the complainant accompanied by a copy of subsection (4), inform the complainant—  (Amended 18 of 2012 s. 22) (a) of the refusal; and (b) of the reasons for the refusal. (3A) If the Commissioner decides to terminate an investigation initiated by a complaint before its completion, the Commissioner must, as soon as practicable by notice in writing served on the complainant accompanied by a copy of subsection (4), inform the complainant— 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