APPENDIX
Circumstances in which Collection of ID Card Numbers or Copies of ID Cards is Permitted under the Code

ID Card Number

Under paragraph 2.3 of the Code, an organisation may collect an ID card number only under the following circumstances:

• When using a power under an Ordinance to require an individual to provide his or her ID card number, e.g. public officers have a power to require individuals to do this when dealing with the government.
  
  
• In order to comply with a requirement under an Ordinance requiring the organisation to record an individual's ID card number, e.g. employers are required under the Immigration Ordinance to make a record of their employees' ID card number.
  
  
• For certain public or social interests, including the prevention and detection of crime and seriously improper conduct, the assessment or collection of any duty or tax, safeguarding the security, defence or international relations with respect to Hong Kong. For functions related to the operation of a tribunal or court.
  
  
• For identifying the individual where this is necessary in order to:
  
  
  • advance the interest of the individual;
    
    
  • prevent a party other than the organisation from suffering damage; or
    
    
  • enable the organisation recording the ID card number to safeguard against damage or loss that is more than trivial.

In addition, three more specific circumstances are provided for in paragraph 2.3.4 of the Code under which collection of an ID card number is permitted, as follows:

• For insertion in a document which establishes or evidences that the holder of the ID card has some form of legal right or interest, e.g. interest in property.
  
  
• Where the holder of the ID card enters premises or is given the use of equipment and the ID card number will be used, if necessary, to identify the individual. This applies only where it is not practicable to monitor the individual while he or she is in the premises or using the equipment.
  
  
• As a condition for given the holder of the ID card control or custody of property, e.g. car rental. This applies only where the value of property is more than trivial in the circumstances.

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