Response to Media Report on Searching for Others’ Personal Data on the Internet

1.    With regard to Ming Pao’s reports today (9 Nov) and yesterday (8 Nov) on searching for an individual’s personal data by Internet users for compilation and circulation on the Internet, the Office of the Privacy Commissioner for Personal Data (“the PCPD”) made the following response:

2.    Under the Personal Data (Privacy) Ordinance (“the Ordinance”), the PCPD has to keep the content of complaints in confidential, therefore it will not comment on individual cases.

3.    The Ordinance regulates the collection, holding, use and processing of personal data and data users need to comply with the requirements of the Ordinance, including all the data protection principles.  However, the personal data may be exempt from the provisions of the Ordinance when the requirements under section 52 of the Ordinance are satisfied.  Section 52 of the Ordinance stipulates, “Personal data held by an individual and concerned only with the management of his personal, family or household affairs, …are exempt from the provisions of the data protection principles.”  If the act of the Internet users has fulfilled the requirement, it is exempt from the provisions of the Ordinance.

4.    The Privacy Commissioner for Personal Data (“the Commissioner”) Mr. Roderick B. Woo notices an increasing trend in similar incidents and the public’s concern.

5.    In this connection, the Commissioner today discusses the situation with Hon. Samson Tam Wai-ho from the Information Technology sector of the Legislative Council.  The Commissioner will have meetings with the industry and other stakeholders in the near future to discuss how to strengthen the protection of data communication on the Internet and the situation that such act is not directly regulated by the current Ordinance.

6.    The Commissioner will also meet with other Legislative Councillors who are concerned with this matter and gauge their opinions so as to reflect the situation to the government and discuss with it on appropriate measures.




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