FREQUENTLY-ASKED QUESTIONS (FAQs)

Q: Can a courier delivering a parcel to me ask to record my ID card number or collect a copy of my ID card?

A: Generally speaking, a courier delivering a parcel to you is permitted to collect a record of your ID card number to be able to identify you in the future in case the parcel is delivered to you wrongly. This is necessary in order to protect the interest of the intended recipient, and to safeguard the courier company against a more than trivial loss. However, generally, a courier should not collect a copy of your ID card.

Q: Can a prospective employer ask to record my ID card number or collect a copy of my ID card when I attend a job interview?

A: If the prospective employer has a substantial staff force, in order to check whether you have applied for or held a position in the company before, the employer may be justified in collecting a record of your ID card number. However, a copy of your ID card should not be collected unless and until you become an employee.

Q: Can my employer collect a copy of my ID card ?

A: Yes, as a copy of your ID card is evidence of your employer's compliance with the requirements of the Immigration Ordinance to inspect your ID card before employing you. However, organisations are required by the Code to mark the word "copy" across the image of copies of ID cards to reduce the chance for misuse and abuse.

Q: Can banks/insurance companies collect a copy of my ID card when I apply to be their customers?

A: Yes, because they are required to do this under guidelines issued by the relevant regulatory bodies. These requirements have been endorsed by the Privacy Commissioner. However, the word "copy" should be marked across the image of the copies of their customers' ID cards.

Q: Can companies providing mobile phone services record my ID card number or collect a copy of my ID card if I apply for their service?

A: These companies operate on the basis of deferred payment. Hence, they require a means of proving the identity of their customers in order to obtain payment. Moreover, they face the problem that the services concerned are not provided to a fixed location. There has been a number of reported cases of individuals fraudulently obtaining such services using someone else's name and address, and of the salespersons opening accounts for fictitious persons to defraud their company. For these reasons, the collection of the ID card number and copies of the ID cards is generally justified under the Code. However, these organisations should mark the word "copy" across the image of the copies.

Q: Can utility companies that provide services, e.g. electricity or piped gas, to a fixed location collect my ID card number and copy of my ID card when I apply for service?

A. Generally speaking, because such companies provide services on a deferred payment basis, they may be justified in collecting your ID card number for identification purposes with respect to obtaining payment for services provided. However, because such services are provided to a fixed location, there is little chance of someone fraudulently applying for them in someone else's name. Hence, there does not appear to be any good justification for such companies to collect copies of their customers' ID cards.

The guidance above is given for reference purposes only and without prejudice to the exercise by the Privacy Commissioner for Personal Data of any of his powers and functions under the Personal Data (Privacy) Ordinance. For a definitive statement of the requirements of the Code, reference should be made to the Code itself approved and issued by the Privacy Commissioner for Personal Data on 19 December 1997.

?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 acknowledgement of this work is duly made in the reproduction.

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