Privacy Commissioner responds to the proposal of installing CCTVs at Mong Kok Pedestrian Precinct


1.    Corrosive liquid falling from a height has happened again in Mong Kok Pedestrian Precinct (“MKPP”) recently.  To prevent recurrence of similar incident, the community requests to have CCTVs installed in the district as soon as possible.  The following is the response of the Privacy Commissioner for Personal Data, Mr. Roderick B. Woo to the matter.

2.    After the incident of corrosive liquid falling from a height in MKPP on 13 December 2008, Yau Tsim Mong District Council has consulted the Office of the Privacy Commissioner for Personal Data (“PCPD”) on privacy related matter on the installation of CCTVs in MKPP on 22 December 2008.  PCPD replied on the same day that it had no objection in principle and advised Yau Tsim Mong District Council to comply with the Personal Data (Privacy) Ordinance (“the Ordinance”) when installing CCTVs.

3.    On 23 January 2009, Yau Tsim Mong District Council made enquiries to PCPD on the draft of “Operational Guidelines in relation to the installation of CCTV in Mong Kok Pedestrian Precinct”.  A written reply was sent to Yau Tsim Mong District Council on 9 February.

4.    According to the Ordinance, “personal data” are any data relating to a living individual; being recorded in a form that can be processed or accessed; and from which the identity of the individual to be directly or indirectly ascertained.  Generally speaking, to constitute an act of collection of personal data by the data user, there should be compilation of information about an identified individual, or an individual whose identity the data user intends or seeks to identify.  The data collected have to be an item of the personal data of an identified individual.  The data user regards the data collected as important information of the individual.

5.    In general, if a CCTV is installed in a public place merely for security purpose, it may not constitute collection of personal data (unless the data of a certain or some particular individuals are collected) and may not be governed by the Ordinance.  However, collection of personal data may take place under some special circumstances.  For example, after a particular incident has happened, the Authority concerned may need to review the video records for the purpose of ascertaining the identity of the individuals involved in the incident and it may then amount to collection of personal data.  Therefore, organizations which intend to install CCTVs should, at least, post a notice in a prominent position near the installation, stating that the area is being monitored, the purposes of monitoring, as well as how the records will be handled.

6.    PCPD’s stance towards the use of CCTVs in public place is that a proper balance should be struck between the protection of public interests and personal data privacy.  Data users should handle the issue in a fair and transparent manner giving due regards to the rights of personal data privacy.



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