Privacy Commissioner publishes guidance note on collection of fingerprint data

1.    The Privacy Commissioner for Personal Data, Mr. Roderick B. Woo published a new guidance note, titled “Personal Data Privacy: Guidance on Collection of Fingerprint Data” (“the Guidance Note”) today (28 August).  The Guidance Note provides relevant requirements of the Personal Data (Privacy) Ordinance (“the Ordinance”) as a useful reference for data users in their consideration of fingerprint collection.

2.    Mr. Woo said, “With the development of technology, an increasing number of organizations use fingerprint scanners for recording attendance, giving access to facilities, security control or other purposes.  Fingerprint data are very sensitive personal data and therefore due care should be taken in collecting and using them.  As the regulator in data privacy, I am obliged to remind public and private organizations to comply with the requirements of the Ordinance in this aspect.”

3.    The Office of the Privacy Commissioner for Personal Data (“the PCPD”) is of the view that unless strong reasons exist justifying the collection of fingerprint data to be necessary for the lawful function or activity of the data user, for instance, the collection of fingerprint data by the law enforcement agencies for investigation of crime, or the control of access to high security and restricted areas by permitted personnel only, a data user should as far as practicable consider the use of other less privacy-intrusive alternatives than the collection of fingerprints.

4.    The Guidance Note details the good practices that should be taken in an orderly way when organizations consider collecting fingerprint data, including privacy risk assessment, measures to mitigate the adverse privacy impact, provision of less privacy-intrusive alternatives, protective measures, privacy policies and procedures, control measures, and privacy compliance assessment and review.

5.    The guidance note is available for download from the website of the Commissioner's Office (http://www.pcpd.org.hk/english/publications/guid_note.html).  Copies are also available from the Commissioner’s Office at 12/F., 248 Queen’s Road East, Wan Chai, Hong Kong.