Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 47

Persons to be informed of result of inspection or investigation

(1) Where the Commissioner has completed an inspection, he shall, in such
manner and at such time as he thinks fit, inform the relevant data  user of-

   (a)  the result of the inspection;

   (b)  any recommendations arising from the inspection that the Commissioner
        thinks fit to make relating to the promotion of compliance with the
        provisions of this Ordinance, in particular the data protection 
        principles, by the data user;

   (c)  any report arising from the inspection that he proposes to publish
        under section 48; and

   (d)  such other comments arising from the inspection as he thinks fit to
        make.

(2) Where the Commissioner has completed an investigation, he shall, in such
manner and at such time as he thinks fit, inform the relevant data user of-

   (a)  the result of the investigation;

   (b)  any recommendations arising from the investigation that the
        Commissioner thinks fit to make relating to the promotion of
        compliance with the provisions of this Ordinance, in particular the
        data protection  principles, by the data user;

   (c)  any report arising from the investigation that he proposes to publish
        under section 48;

   (d)  whether or not he proposes to serve an enforcement notice on the
        data user in consequence of the investigation; and

   (e)  such other comments arising from the investigation as he thinks fit to
        make.

(3) Where the Commissioner has completed an investigation initiated by a
complaint, he shall, in such manner and at such time as he thinks fit, inform
the complainant of-

   (a)  the result of the investigation;

   (b)  any recommendations made to the relevant data user under subsection
        (2)(b);

   (c)  any report arising from the investigation that he proposes to publish
        under section 48;

   (d)  any comments made by or on behalf of the relevant data user on any
        such recommendations or report;

   (e)  whether or not he has served, or proposes to serve, an
        enforcement notice on the relevant data user in consequence of the
        investigation;

   (f)  if the Commissioner has not so served, and does not propose to so
        serve, such enforcement notice, his right to object thereto under
        subsection (4); and

   (g)  such other comments arising from the investigation as he thinks fit to
        make.

(4) The complainant (or, if the complainant is a relevant person, the
individual in respect of whom the complainant is such a person, or either) may
appeal to the Administrative Appeals Board against a decision of the
Commissioner-

   (a)  to the effect that he has not served, and does not propose to serve,
        an enforcement notice on the relevant data user in consequence of the
        investigation concerned; and

   (b)  of which the complainant was informed in the notice concerned under
        subsection (3) served on him. (Enacted 1995)