Suppose we want to tune the hyperparameters of an algorithm. We perform $k$-fold cross validation and we found the optimal hyperparameter values, lets say $p^*$. Nevertheless, we don't have a separate test. Can we report the average error from folds as an estimate of the generalization error?
Based on this Question we shouldn't.What I can't understand is the following.
Lets say that another analyst wants to estimate the generalization performance of $p^*$. He performs $k$-fold cv with the same data we used for hyperparameter tuning. He doesn't want to tune parameters. Just by chance he selected $p^*$ and wants to get an estimate of its performance. Further, lets assume that his $k$-folds are same to our $k$-folds. Obviously the average cv error would be the same. Why he can report this error as an estimate of the generalization error while we are not allowed?