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
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