Chapter:	486	Title:	PERSONAL DATA (PRIVACY) ORDINANCE	Gazette Number:	18 of 2012
Section:	39	Heading:	Restrictions on investigations initiated by complaints	Version Date:	01/10/2012

(1) Notwithstanding the generality of the powers conferred on the Commissioner by this Ordinance, the Commissioner may refuse to carry out or decide to terminate an investigation initiated by a complaint if- (Amended 18 of 2012 s. 22)

(a) the complainant (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person) has had actual knowledge of the act or practice specified in the complaint for more than 2 years immediately preceding the date on which the Commissioner received the complaint, unless the Commissioner is satisfied that in all the circumstances of the case it is proper to carry out or not to terminate, as the case may be, the investigation;
(b) the complaint is made anonymously;
(c) the complainant cannot be identified or traced;
(d) none of the following conditions is fulfilled in respect of the act or practice specified in the complaint-
(i) either-
(A) the complainant (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person) was resident in Hong Kong; or
(B) the relevant data user was able to control, in or from Hong Kong, the collection, holding, processing or use of the personal data concerned,
at any time the act or practice was done or engaged in, as the case may be;
(ii) the complainant (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person) was in Hong Kong at any time the act or practice was done or engaged in, as the case may be;
(iii) in the opinion of the Commissioner, the act or practice done or engaged in, as the case may be, may prejudice the enforcement of any right, or the exercise of any privilege, acquired or accrued in Hong Kong by the complainant (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person); or
(e) the Commissioner is satisfied that the relevant data user has not been a data user for a period of not less than 2 years immediately preceding the date on which the Commissioner received the complaint.

(a) the complaint, or a complaint of a substantially similar nature, has previously initiated an investigation as a result of which the Commissioner was of the opinion that there had been no contravention of a requirement under this Ordinance;
(b) the act or practice specified in the complaint is trivial;
(c) the complaint is frivolous or vexatious or is not made in good faith;
(ca) the primary subject matter of the complaint, as shown by the act or practice specified in it, is not related to privacy of individuals in relation to personal data; or (Added 18 of 2012 s. 22)
(d) any investigation or further investigation is for any other reason unnecessary.

(a) of the refusal; and
(b) of the reasons for the refusal.

(a) of the decision; and
(b) of the reasons for the decision. (Added 18 of 2012 s. 22)

(a) against any refusal or termination specified in a notice under subsection (3) or (3A); and
(b) by the complainant on whom the notice was served (or, if the complainant is a relevant person, the individual in respect of whom the complainant is such a person, or either).