Report on Activities - Operations

Complaint investigations completed in 2001-02

Out of the 640 complaint cases screened-in for handling during the reporting period, action in respect of 483 was completed during the reporting year. Of these, 123 (25%) cases were resolved through mediation, 48 (10%) cases were resolved after formal investigations, 204 (43%) cases were found to be unsubstantiated as a result of investigation and 102 (21%) cases were withdrawn by the complainants during investigation. The remaining 6 (1%) cases involved complaints which the complainants had also referred to other authorities to follow up. (Figure 10)

Of the 48 formal investigations completed during the reporting period, the PCPD found contravention of the requirements of the PD(P)O in 26 (54%) cases. In 20 (42%) cases, there was no contravention found or contravention was not established due to lack of sufficient evidence. Two cases were discontinued as the complainant could not be traced during the investigation. (Figure 11)

Of the 26 cases where the requirements of the PD(P)O were found to have been contravened, 22 cases involved contravention of one or more of the data protection principles. The remaining 4 cases involved contravention of the requirements of the main body of the PD(P)O relating to compliance with data access requests. (Figure 12)

In the 123 cases resolved through mediation, the PCPD provided advice and recommendations to 41 organizations on their practices and procedures in order to assist them in complying with the data protection principles. (Figure 13)

In the 26 cases in which requirements of the PD(P)O were found to have been contravened, the PCPD issued 12 warning notices to the organizations concerned requiring written undertakings to implement measures to remedy the contravention. In most of these cases, the organizations gave the undertakings sought, and given such undertakings, enforcement action through the issue of an enforcement notice was not deemed to be necessary. In 8 cases, enforcement notices were served on the parties complained against to direct them to take remedial action to prevent their continued or repeated contravention of the PD(P)O.