L10 Web Stats Reporter 3.15
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The meaning of "personal data" and the six data protection principles
Consumer credit data (relating to records of any loan or credit provided by banks or financial institutions)
Use of ID card numbers and ID card copies
Privacy in recruitment, human resources management and at work
Privacy on the Internet
Privacy regarding direct marketing and cold-calling
Complaints and penalties
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(VII) Complaints and penalties

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After receiving a complaint in relation to possible contraventions of the Personal Data (Privacy) Ordinance , the staff of the Privacy Commissioner's Office (PCO) would first conduct preliminary enquires to see if the complainant holds substantial grounds. After preliminary enquiries into the complaint, the PCO may inform the complainant of its preliminary views and ask the opposite party to take remedial action to resolve the issues surrounding the complaint.

If the dispute cannot be resolved by mediation, the PCO may conduct a formal investigation. If the complaint involves suspected contravention of a serious nature, the PCO would immediately conduct a formal investigation instead of making preliminary enquiries. If after investigation it is found that there are contraventions on the part of the data user, an enforcement notice would be served on that data user by the PCO directing him/her to take any necessary remedial action.

Non-compliance with the PCO's enforcement notice is an offence and is liable to a fine or imprisonment.

If an individual suffers damage (including injury to feelings) as a result of a contravention of the Ordinance by a data user, that person can also sue the data user for compensation through civil proceedings.

Complaint handling policy and the complaint procedures

You should first lodge a complaint with the person/organization (the data user) who does not handle your personal data in accordance with the Ordinance.

If the wrongdoer fails to give you a satisfactory reply and you have decided to lodge a complaint with the PCO, you are advised to learn more about the complaint handling policy of the PCO before doing so. For details of the policy, please visit the PCO webpage at http://www.pco.org.hk/english/enquiries/complaint_handling.html , or call its hotline at 28272827.

If you want to lodge a complaint with the PCO, please go to http://www.pco.org.hk/english/enquiries/complaint_proced.html (complaint procedures). You should note that the time limit for lodging a complaint is 2 years from the date of your actual knowledge of the privacy-intrusive act or practice (but it is recommended that you lodge it as soon as possible).

Offence and penalties

If a person fails to comply with the PCO's enforcement notice, that person commits an offence and is liable to:

  • maximum fine of $50,000;
  • maximum imprisonment of 2 years.

For more details of other offences under the Ordinance, please refer to section 64 of the Ordinance .