Personal Data (Privacy) Ordinance
Part 6
6-4
Section 31
Cap. 486
(3) The Commissioner shall, before specifying any conditions in
a notice under subsection (2), consult with—
(a) such bodies representative of data users to which the
conditions will apply (whether in whole or in part); and
(b) such other interested persons,
as he thinks fit.
(4) It is hereby declared that a notice under subsection (2) is
subsidiary legislation.
(5) Subject to subsection (6), a data user shall not take adverse
action against an individual in consequence (whether in whole
or in part) of the carrying out of a matching procedure—
(a) unless the data user has served a notice in writing on the
individual—
(i) specifying the adverse action it proposes to take
and the reasons therefor; and
(ii) stating that the individual has 7 days after the
receipt of the notice within which to show cause
why that action should not be taken; and
(b) until the expiration of those 7 days.
(6) Subsection (5) shall not operate to prevent a data user from
taking adverse action against an individual if compliance
with the requirements of that subsection would prejudice
any investigation into the commission of an offence or the
possible commission of an offence.
31.
Matching procedure request
(1) A data user proposing to carry out, whether in whole or in
part, a matching procedure may make a request—
(a) in the specified form;
(b) to the Commissioner; and
Verified Copy
Last updated date
25.4.2013
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