Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 21

Notification of refusal to comply with data access request

(1) Subject to subsection (2), a data user who pursuant to section  20 refuses
to comply with a data access request shall, as soon as practicable but, in any
case, not later than 40 days after receiving the request, by notice in writing
inform the requestor-

   (a)  of the refusal;

   (b)  subject to subsection (2), of the reasons for the refusal; and

   (c)  where section 20(3)(d) is applicable, of the name and address of the
        other data user concerned.

(2) Where-

   (a)  a data user has pursuant to section 20 refused to comply with a
        data access request; and

   (b)  the refusal also relates to section 18(1)(a) by virtue of section 63,
        then the data user may, in the notice under subsection (1) concerned,
        in place of the matters of which the data user is required to inform
        the requestor under that subsection, inform the requestor that the
        data user has no personal data the existence of which he is required
        to disclose to the requestor (or words to the like effect). (Enacted
        1995)