Privacy Commissioner Responds to "Drug Testing Scheme for Schools"

1.    The Privacy Commissioner for Personal Data, Mr. Roderick Woo ("the Commissioner") today (10 August) wrote to Mr. Michael Suen, the Secretary for Education, expressing his comments and concerns on the Government’s pilot Scheme of voluntary drug testing for students.  A copy of his letter is attached to this press statement.

2.    One of the Commissioner’s concerns is that while it is doubtful whether all students have the requisite capacity to give a genuine consent, the Personal Data (Privacy) Ordinance (“the Ordinance”) does not give parents/guardians the authority to give consent on behalf of a minor.  It is his view that the situation may need to be resolved by legislation.

3.    The Commissioner recognizes the importance of combating the evils of drug abuses in schools.  He promises that if the Scheme should go ahead he will seek more information from the Government with a view to giving recommendations on good personal data privacy practice.

4.    He adds that, “The drug test results are medical data and medical data are generally regarded as sensitive personal data.  The law protects the personal data privacy of all living persons, the young and the old alike.  It is my duty to see that the Scheme operates in full accordance with the requirements of the Ordinance.”


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