PCPD - Response to media report on the handling of a complaint case by the PCPD

In response to a media report on 20 February stating that “Hutchison was taken to task for a possible flaw in its operation on Netscape 7.2 browsers that might allow users’ private account information to be accessed by other people”, the Privacy Commissioner for Personal Data (the Commissioner), Mr. Roderick Woo, makes the following statement today (21 February) to allay public concern.

The Commissioner and his staff are obliged to maintain secrecy in respect of all matters that come to their actual knowledge in the performance of their functions and the exercise of their powers. However they do from time to time report to complainants of the progress of their investigation. The same law does not prohibit the complainants from disclosing any information given them by the Commissioner. The 2 “memos” referred to in the media report were in fact letters and they and the facts therein stated were not disclosed by the Commissioner or his staff.

As to the allegation that the Commissioner would not “throw the book at” the party complained against, Mr. Woo explains that, “The Personal Data (Privacy) Ordinance governs both the public and the private sectors. As the Privacy Commissioner for Personal Data, I am committed to the protection of the privacy of individuals in relation to personal data. I will ensure that all complaints will be handled impartially without fear or favour.”