Hong Kong Ordinances

PERSONAL DATA (PRIVACY) ORDINANCE - SECT 25

Notification of refusal to comply with data correction request, etc.

(1) A data user who pursuant to section 24 refuses to comply with
section 23(1) in relation to a data correction 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 and the reasons for the refusal; and

   (b)  where section 24(3)(e) is applicable, of the name and address of the
        other data user concerned.

(2) Without prejudice to the generality of subsection (1), where-

   (a)  the personal data to which a data correction request relates are an
        expression of opinion; and

   (b)  the data user concerned is not satisfied that the opinion is
        inaccurate, then the data user shall-

        (i)    make a note, whether annexed to that data or elsewhere- (A) of
               the matters in respect of which the opinion is considered by
               the requestor to be inaccurate; and (B) in such a way that
               those data cannot be used by a person

(including the data user and a third party) without the note being drawn to
the attention of, and being available for inspection by, that person; and

        (ii)   attach a copy of the note to the notice referred to in
               subsection (1) which relates to that request.

(3) In this section, "expression of opinion" (意見表達) includes an
assertion of fact which-

   (a)  is unverifiable; or

   (b)  in all the circumstances of the case, is not practicable to verify.
        (Enacted 1995)

"expression of opinion" (意見表達)