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Case Notes

Case Notes

This case related to DPP3 - Use of personal data

Case No.:2006A01

Without the necessary information, the Privacy Commissioner cannot proceed investigation.

The complainant lodged a complaint without such information as details of the case, factual background or what caused him to believe that the requirement in the Ordinance was breached - section 39 discretion

The Complaint

The complainant lodged a complaint with the Privacy Commissioner against some staff of an association. He alleged that those staff disclosed the details of his living to television channels and newspapers. However, the complainant gave no information about his complaint, even after being told in person, by correspondence or on telephone that the Commissioner needed more information to handle his case.

Findings by Privacy Commissioner

Due to the lack of necessary information, the Commissioner decided not to investigate the complaint.

The Appeal

The complainant confirmed that he did not provide any details of his case, background facts or how did the staff allegedly breach the Ordinance.

The AAB ruled that it was difficult for the Commissioner to handle the case without even superficial information. The decision not to investigate was not unreasonable or improper.

The AAB Decision

The Appeal was dismissed.


Category : Provisions/DPPs/COPs/Guidelines :