Copies of ID Cards

Under paragraph 3.2 of the Code, an organisation may collect an ID card copy only under the following circumstances:

• 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.
  
  
• Where the collection of the ID card number is permitted under the Code and the ID card copy is needed as well:
  
  
  • to prove that the organisation has complied with a requirement under an Ordinance, e.g. an employer may collect a copy of the ID card of an employee to prove compliance with the requirement on employers in the Immigration Ordinance to inspect employees' ID cards;
    
    
  • to comply with a requirement to collect the copy that has been approved by the Privacy Commissioner and is contained in the code, rules, regulations or guidelines of a regulatory or professional body (as of May 1998, the Privacy Commissioner had endorsed requirements to collect copies of the ID cards of customers of banks, deposit taking companies, insurers, and persons registered with or licensed by the Securities and Futures Commission);
    
    
  • to collect or check the ID card number of an individual but only if the individual has been given the alternative choice of showing his or her ID card in person;
    
    
  • to enable an official travel document to be issued; or
    
    
  • for functions related to the operation of a tribunal or court.
    

The Immigration Department, as the body responsible for issuing ID cards, is permitted to collect ID card copies for purposes related to its operations.

In addition, two circumstances are specified which by themselves are NOT sufficient to justify collection of an ID card copy. They are as follows:

• to safeguard only against mistakes in recording the holder's name or ID card number.
  
  
• in anticipation of a possible relationship between an individual and the organisation, e.g. as part of a job application.
  

Important Note: The information given in this guide (including the appendix) is only for general reference. For a definitive statement of the provisions of the Code, reference should be made to the text of the Code approved and issued by the Privacy Commissioner for Personal Data on 19 December 1997.

(C) Office of the Privacy Commissioner for Personal Data June 1998

Reproduction of all or any part of this publication is permitted on condition that it is for non-profit making purposes and an acknowledgment of the source is duly made in the reproduction.

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