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Monitoring
Compliance
Complaint Investigations
At the beginning of the reporting year, 203 complaints were being processed.
Together with the 919 new complaints received, the PCPD handled a total
of 1,122 complaints during the reporting period. Of these, 367 cases (33%)
were declined for further action after preliminary consideration on the
basis that 348 of them were found to have no prima facie case to support
allegations of breaches of the PD(P)O. A further 18 cases were outside
the Privacy Commissioner's jurisdiction and the remaining one was anonymous
complaint. The other 755 cases (67%) were screened-in for further consideration.
Of these, 598 cases (79%) were resolved during the reporting year and
the remaining 157 cases (21%) continued to be handled on 31 March 2004.
(Figure 6)
Figure 6 — Summary of complaints handled in 2003-04
|
2000-01 |
2001-02 |
2002-03 |
2003-04 |
| Complaints
carried forward |
94 |
146 |
157 |
203 |
| Complaints
received |
789 |
888 |
906 |
919 |
| Total
complaints processed |
883 |
1,034 |
1,063 |
1,122 |
| Complaints
screened-out |
352 |
394 |
359 |
367 |
| Complaints
screened-in |
531 |
640 |
704 |
755 |
| Completed |
385 |
483 |
501 |
598 |
| In
process |
146 |
157 |
203 |
157 |
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| Of the 598 cases
completed during the reporting period, 178 (30%) cases were resolved
through mediation, 27 (5%) cases were resolved after formal investigations,
209 (35%) cases were found to be unsubstantiated as a result of preliminary
enquiries and 146 (24%) cases were withdrawn by the complainants during
preliminary enquiries. The remaining 38 (6%) cases involved complaints
where the complainants had also reported the matters to other authorities
to follow up. |
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| Of the 27 formal
investigations completed during the reporting period, the PCPD found
contravention of the requirements of the PD(P)O in 18 (67%) cases.
In 8 (30%) cases, there was no contravention found or contravention
was not established due to lack of sufficient evidence. The one remaining
case (3%) was discontinued by request of the complainant. |
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| Of the 18 cases
where the requirements of the PD(P)O
were found to have been contravened, 14 cases involved
contravention of one or more of the data protection
principles. The remaining 4 cases involved contravention
of the provisions in the body of the PD(P)O relating to
compliance with data access requests and direct
marketing. |
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In the 178 cases
resolved through mediation, the PCPD
provided advice and recommendations to 87
organizations on their practices and procedures in order
to assist them in complying with the data protection
requirements.
In the 18 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, some
of them were required to give written undertakings to
implement measures to remedy the contraventions. In all
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 the other 6
cases, enforcement notices were served
on the parties complained against to direct them to take
remedial actions to prevent their continued or repeated
contravention of the PD(P)O.
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Notice/
Copyright 2001 Office of the Privacy Commissioner for Personal
Data, Hong Kong. All rights reserved. Disclaimer
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