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Recreated source · correspondence

PDPC reply — guidelines, the PDPA, and the section 22A preservation gap

Faithful, verbatim recreation of the PDPC's reply; personal identifying details have been removed. “You/your” refers to the complainant.

Other queries

12.  You have also pointed out areas where you consider the Advisory Guidelines to differ from what is set out in the Commission’s decisions on these two cases. As set out in the Introduction to the Guidelines, the guidelines do not constitute legal advice, and do not modify or supplement the PDPA, which shall prevail over the guidelines in the event of any inconsistency. The Commission is bound to consider every case on its individual facts and merits, in coming to its decisions. We nevertheless thank you for raising potential difficulties in reading the Advisory Guidelines and will consider your feedback for future revisions.

13.  In relation to your feedback that s 22A of the PDPA as worded does not require Organisations to preserve personal data in the period while an access is under consideration between a request and a refusal, we are aware and presently reviewing this issue, which we will raise to the Ministry for their consideration.