Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 38

Investigations by Commissioner

Where the Commissioner-

   (a)  receives a complaint; or

   (b)  has reasonable grounds to believe that an act or practice-

        (i)    has been done or engaged in, or is being done or engaged in, as
               the case may be, by a data user;

        (ii)   relates to personal data; and

        (iii)  may be a contravention of a requirement under this Ordinance,
               then-

        (i)    where paragraph (a) is applicable, the Commissioner shall,
               subject to section 39, carry out an investigation in relation
               to the relevant data user to ascertain whether the act or
               practice specified in the complaint is a contravention of a
               requirement under this Ordinance;

        (ii)   where paragraph (b) is applicable, the Commissioner may carry
               out an investigation in relation to the relevant data user to
               ascertain whether the act or practice referred to in that
               paragraph is a contravention of a requirement under this
               Ordinance. (Enacted 1995)