Privacy Commissioner follows the Trial Scheme on School Drug Testing

1.    The Privacy Commissioner for Personal Data, Mr. Roderick Woo (“the     Commissioner”) has been following the progress of the Trial Scheme on School Drug Testing to ensure compliance with the Personal Data (Privacy) Ordinance (“the Ordinance”).

2.    The Commissioner has recently been provided with substantial documents from the Government for consideration and comments. On 15 October 2009 he and his senior staff had a meeting with twelve representatives from the Narcotics Division of the Security Bureau, Education Bureau and Department of Justice to discuss the details of the Trial Scheme.

3.    At the meeting, the Commissioner indicated that he had no objection to the Trial Scheme provided that it is in conformity with the law.  In giving his views and comments on various aspects of the Trial Scheme, the Commissioner emphasized the importance of the effective communication to the affected parties of Government’s policy and practice of collecting the drug test result and related personal data from the students.

4.    In order to ensure that the collection of the drug test result and related personal data are obtained by fair means as required by the Data Protection Principle 1(2)(b) in the Ordinance, the Government should prior to obtaining the consent of the parents/guardians and students properly inform them as to:-

If and when the Government seeks the prescribed consents of the data subjects, it should satisfy itself that such consents are voluntarily and expressly given, free from any undue influence.

5.    “For the Trial Scheme to work in tandem with the Ordinance, the Government should take measures to address the personal data privacy concerns expressed at the meeting. It is prudent and advisable that an oversight body be set up to closely monitor and supervise the procedures set out in the Trial Scheme.” Mr. Woo said.

6.     “I shall continue to monitor the development of the Trial Scheme from the perspective of a privacy regulator.  If the Government asks for further assistance I shall give such advice as are appropriate.  However it needs to be said that if an affected individual makes a complaint to me during the course of the Trial Scheme, it shall be my duty to consider whether an investigation should be carried out in accordance with the provisions of the Ordinance.” Mr. Woo said.




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