5. What are the functions of the Privacy Commissioner's Office (PCPD)?
The PCPD is an independent statutory body set up to oversee the enforcement of the Personal Data (Privacy) Ordinance. The PCPD is headed by the Privacy Commissioner appointed by the Chief Executive. The commissioner's main responsibilities are to monitor and supervise compliance with the provisions of the Ordinance. This may include the investigation of complaints, the issuance of codes of practice and guidelines. For more details about the roles and duties of the PCPD, please go to the webpage of PCPD.
According to section 13 of the Ordinance, a contravention of a code of practice ( 實務守則 ) approved by the PCPD does not of itself constitute a breach of the Ordinance. However, such a contravention may be used as evidence in any legal proceedings relating to the Ordinance against the relevant data user. In simple words, data users may incur civil or criminal liabilities if they have breached any provisions of the codes.