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withdrawn the complaint and, in any such case, the provisions of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if the complaint had not been withdrawn.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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