PCPD - PCPD received a letter from CX Flight Attendants Union

1.    The Privacy Commissioner for Personal Data through his designated officer met the representatives of the Cathay Pacific Airways Flight Attendants Union ("the Union") and received a letter from them this afternoon. The Union was dissatisfied with the decision of the Privacy Commissioner not to appeal against the High Court's judgment in the Cathay Pacific Airways Limited's ("CX") application for judicial review of the Commissioner's earlier decision in the case where CX requested those of its cabin crew members who took long or frequent sick leave to release such of their past medical data relating to the causes of their absences.

2.    The Commissioner understands that the Union is concerned about his decision which is explained in some details in the press statement issued by him on 24 October 2008. The Commissioner will forthwith study carefully the letter and the Union's comments and will endeavour to make a prompt response.

3.    The Commissioner would like to take the opportunity to remind the public again that employers should comply with the Data Protection Principles of the Personal Data (Privacy) Ordinance in collecting personal data (including medical data) of employees. The judgment was decided on the particular circumstances of the case and nothing in it suggests that the court has deviated from the relevant data protection principles contained in the Ordinance. In particular, the means of collection must be both lawful and fair. For greater details, please refer to the press release issued by the PCPD on 17 September 2008.

4.    Both press statements can be viewed at http://www.pcpd.org.hk.

END