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III. COPY OF AN IDENTITY CARD
The following paragraphs seek
to give practical effect to the Personal Data Collection Limitation
Principle (Data Protection Principle 1):
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3.1
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Unless authorized by law, no data user may compulsorily
require an individual to furnish a copy of his identity
card.
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| 3.2 |
A data user should
not collect a copy of an identity card except:
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3.2.1 |
where the use
of the copy by the data user is necessary:
| 3.2.1.1 |
for
any of the purposes mentioned in section 57(1) of the Ordinance
(safeguarding security, defence or international relations in
respect of Hong Kong); or |
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| 3.2.1.2 |
for
any of the purposes mentioned in section 58(1)
of the Ordinance (the prevention or detection
of crime, the apprehension, prosecution or
detention of offenders, the assessment or
collection of any tax or duty, etc.); |
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| Note:
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The above-mentioned
purposes include the prevention, preclusion or remedying
of unlawful or seriously improper conduct, or dishonesty
or malpractice, by person (section 58(1)(d) refers).
This paragraph would therefore include the collection
from an individual of a copy of his identity card
for the prevention or detection of any collusion
between the individual and the staff member of the
data user handling his case, in a transaction which
offers a substantial opportunity for corruption
to arise, for example, the processing of an application
for public housing. It would also include the collection
from an individual of a copy of his identity card
for the prevention or detection of impersonation
by such individual using a forged, lost or stolen
identity card, in a transaction where such risk
is not remote, for example, in the case of a solicitors'
firm acting for an individual in the sale and purchase
of real property. |
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Notice/
Copyright 2001 Office of the Privacy Commissioner for Personal
Data, Hong Kong. All rights reserved. Disclaimer
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