Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 32

Determination of matching procedure request

(1) The Commissioner shall determine a matching procedure request-

   (a)  not later than 45 days after receiving the request; and

   (b)  by taking into account the prescribed matters applicable to the
        request and-

        (i)    where he is satisfied as to those matters, serving a notice in
               writing on the requestor stating that he consents to the
               carrying out of the matching procedure to which the request
               relates subject to the conditions, if any, specified in the
               notice;

        (ii)   where he is not so satisfied, serving a notice in writing on
               the requestor stating- (A) that he refuses to consent to the
               carrying out of the matching  procedure to which the request
               relates; and (B) such of those matters in respect of which he
               is not so satisfied and the reasons why he is not so satisfied.

(2) For the avoidance of doubt, it is hereby declared that a consent in a
notice under subsection (1)(b)(i) to the carrying out of a matching procedure
to which a matching procedure request relates shall not operate to prevent a
data user who is neither the requestor nor, where section 31(2) applies to the
request, any data user on whose behalf such request was made, from carrying
out, whether in whole or in part, the procedure.

(3) An appeal may be made to the Administrative Appeals Board-

   (a)  against-

        (i)    any conditions specified in a notice under subsection (1)

   (b)  (i); or

        (ii)   any refusal specified in a notice under subsection (1)

   (b)  (ii); and

   (b)  by the requestor on whom the notice was served or any data user on
        whose behalf the matching procedure request concerned was made.

(4) In this section, "prescribed matter" (訂明事宜) means a matter
specified in Schedule 5. (Enacted 1995)

"prescribed matter" (訂明事宜)