|
2.3
|
A data user should
not collect the identity card number of an individual except in the
following situations:
| 2.3.1
|
pursuant to a statutory provision which confers on the data user
the power or imposes on the data user the obligation to require
the furnishing of or to collect the identity card number; |
| |
|
| Note1:
|
For an
example of a statutory power to require the furnishing
of ID card number, section 5 of the Registration
of Persons Ordinance (Cap. 177) confers on a public
officer the power to require any registered person
in all dealings with Government to furnish his ID
card number and, so far as he is able, the ID card
number of any other person whose particulars he
is required by law to furnish. |
| |
|
| Note2:
|
For an example of a statutory obligation to
collect an identity card number, section 17K of
the Immigration Ordinance (Cap. 115) provides:
"(1) Every employer shall keep at the place
of employment of each of his employees a record
of:-
(a) the full name of the employee as shown
in his identity card or other document by virtue
of which he is lawfully employable; and
(b) the type of document held by the employee
by virtue of which he is lawfully employable,
and the number of that document."
|
| |
|
| 2.3.2
|
where the use of the identity card number by
the data user is necessary:
| 2.3.2.1
|
for
any of the purposes mentioned in section 57(1) of the Ordinance
(safeguarding security, defence or international relations
in respect of Hong Kong); |
| |
|
| 2.3.2.2
|
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.); or |
| |
|
| 2.3.2.3
|
for
the exercise of a judicial or quasi-judicial
function by the data user; |
| |
|
| Note:
|
An
example of the exercise of a quasi-judicial
function would be the Administrative Appeals
Board hearing an appeal brought to it by an
individual under the Administrative Appeals
Board Ordinance (Cap.442). |
|
|
Notice/
Copyright 2001 Office of the Privacy Commissioner for Personal
Data, Hong Kong. All rights reserved. Disclaimer
