Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 49

Cases in which sections 47 and 48 shall not apply

Where-

   (a)  the Commissioner has completed an investigation (and whether or not
        the investigation was initiated by a complaint);

   (b)  the result of the investigation is that the act or practice the
        subject of the investigation is not a contravention of a requirement
        under this Ordinance because of an exemption under Part VIII; and

   (c)  the interest protected by that exemption would be likely to be
        prejudiced if sections 47 and 48 applied in relation to the
        investigation, then-

        (i)    those sections shall not apply in relation to the
               investigation; and

        (ii)   the Commissioner shall, in such manner and at such time as he
               thinks fit- (A) inform the relevant data user of the result of
               the investigation and such other comments arising from the
               investigation as he thinks fit; (B) if the investigation was
               initiated by a complaint, inform the complainant that the
               result of the investigation is that he is satisfied that the
               act or practice the subject of the investigation is not a
               contravention of a requirement under this Ordinance (or words
               to the like effect). (Enacted 1995)