I. Details of Complainant
II. Authorised representative (where complainant is not an individual)
III. Details of Undertakings
IV. Particulars of Complaint
V. Notes for Complainant
The Commission's ability to effectively investigate a complaint may be impeded where the complaint is publicised or otherwise widely known. To support the Commission's ability to conduct effective investigations, the Commission requests that complainants keep their complaints confidential. If a complainant elects to disclose their complaint publicly, the Commission asks that the complainant inform the Commission in advance of any such disclosure.
Section 125 of the Ordinance imposes a general obligation on the Commission to preserve the confidentiality of any confidential information provided to or obtained by the Commission, including information that relates to the identity of any person who has given information to the Commission. Section 125 (2) of the Ordinance permits the disclosure of confidential information by the Commission in certain circumstances.
The Commission will not normally disclose the complainant’s identity, without the complainant’s consent. In some exceptional cases however, it may be necessary to disclose the complainant’s identity without their consent. This includes where disclosure is ordered by the courts or under section 126(1)(b) of the Ordinance where the Commission considers it necessary to make a disclosure in the performance of its functions or in carrying into effect or doing anything authorised by the Ordinance.
Where the complainant has provided relevant contact details, the Commission will usually acknowledge receipt of the complaint promptly.
Where a person provides any personal data1 to the Commission whether in the context of making a complaint, an enquiry, an application for a decision under section 9 and/or 24 of the Competition Ordinance, an application for a block exemption order under section 15 of the Ordinance, or in any other context, the Commission will use the data for the purpose of performing its statutory functions under the Competition Ordinance generally and not merely for the purpose of responding to or taking action in respect of the particular complaint, enquiry, application or other matter concerned.
In this regard, the personal data may be used for any one or more of the following purposes:
Although the Commission is under a duty of confidentiality imposed by law, the Commission may transfer and/or disclose personal data to third parties pursuant to section 125(2) of the Competition Ordinance. These third parties include but are not limited to the Commission’s professional advisers or other public authorities in Hong Kong including authorities involved in law enforcement. Moreover, for the purposes of carrying out the Commission’s enforcement functions under the Competition Ordinance, personal data may be disclosed to the Competition Tribunal and other relevant courts.
In certain cases the Commission may transfer personal data to competition authorities or other authorities situated outside Hong Kong. The Commission will take all reasonable steps to ensure that the personal data so transferred is given equivalent protection to that required in Hong Kong or that the terms of section 33 of the Personal Data (Privacy) Ordinance are otherwise complied with (as and when section 33 comes into force).
Subject to any applicable provisions of the Competition Ordinance and the Personal Data (Privacy) Ordinance, personal data may be used by the Commission and/or disclosed by the Commission to other public bodies in Hong Kong or authorities overseas for the purposes of verifying/matching2 the data.
1 Personal data means personal data as defined in the Personal Data (Privacy) Ordinance, Cap. 486.
2 See section 2 of the Personal Data (Privacy) Ordinance for an explanation of “matching procedure”.