Personal Data (Privacy) Ordinance
Part 7
7-30
Section 46
Cap. 486
court or at any inquiry or in any other proceedings, and no
evidence in respect of an investigation shall be given against
any person.
(3) Where the giving of any information or the answering of any
question or the production of any document or thing would
involve the disclosure, without the consent of the Chief
Executive, of the deliberations of the Executive Council, the
Commissioner shall not require the information or answer to
be given or, as the case may be, the document or thing to be
produced. (Amended 34 of 1999 s. 3)
46.
Commissioner, etc. to maintain secrecy
(1) Subject to subsections (2), (3), (7) and (8), the Commissioner
and every prescribed officer shall maintain secrecy in respect
of all matters that come to their actual knowledge in the
performance of their functions and the exercise of their
powers under this Part. (Amended 18 of 2012 s. 25)
(2) Subsection (1) shall not operate so as to prevent the
Commissioner or any prescribed officer from—
(a) subject to subsection (8), disclosing any matter if the
disclosure is necessary for the proper performance of the
Commissioner’s functions or the proper exercise of the
Commissioner’s powers under this Ordinance; (Added
18 of 2012 s. 25)
(b) disclosing in the course of proceedings—
(i) for an offence under this Ordinance; and
(ii) before any court or magistrate,
any matter relevant to those proceedings;
(c) reporting evidence of any crime to such authority as he
considers appropriate;
Verified Copy
Last updated date
25.4.2013
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