PCPD - Privacy Commissioner's statement


Date: 26 October 2006
Privacy Commissioner's statement In response to IPCC’s press release, the Commissioner would like to make the following statements:- (a) The Commissioner notes the IPCC's assertions that he "failed to consider whether the Government was the data user in relation to the leakage incident” and that he "avoided this issue and sought to place the burden as a matter of convenience on the Council." According to its web-site, the IPCC represents itself as an independent advisory council appointed by the Chief Executive to monitor and review investigations by CAPO of complaints made against the Police by the public. The major function of its secretariat was stated to be to examine all complaint investigation reports submitted by CAPO in detail to ensure that each and every case is investigated in a thorough and impartial manner before recommending them to IPCC members for endorsement. The IPCC secretariat exists solely to assist the IPCC, which prides itself to be independent of the Government, to discharge its role and function. The Commissioner at no time has any doubt that the relevant data user in the incident is the IPCC (comprising the Council members and the secretariat) and not the Government. (b) The IPCC stated that "[t]he Commissioner adverted to correspondence with the Secretariat which were copied to the Chairman of the Council." This statement is misleading in that it tends to give the public a false impression that the Commissioner had been in correspondence with the secretariat rather than the Council or its Chairman during the investigation. In truth, all the Commissioner's letters were addressed to the Chairman of IPCC or IPCC. The reply letters were invariably signed by the Secretary of the IPCC on behalf of the IPCC and copied to its Chairman. This very fact shows that the secretariat works for or under the instructions of the Chairman or the Council. (c) The other issues raised in the IPCC's press release have been addressed in the Commissioner's Report and/or the earlier media release today. (d) The Commissioner has published the result of his investigation. If the IPCC feels aggrieved by the decision of the Commissioner, there is legal recourse available to it.