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Complaint
Investigations
Complaints
Investigations
| Figure
6 - Summary of Complaints Handled in 2006-2007 |
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| |
2003-04 |
2004-05 |
2005-06 |
2006-07 |
|
| Complaints
carried forward |
203 |
157 |
195 |
188 |
|
| Complaints
rececived |
919 |
953 |
972 |
1067 |
|
| Total
complaints processed |
1122 |
1110 |
1167 |
1255 |
|
| Complaints
screened-out |
367 |
220 |
400 |
542 |
|
| Complaints
screened-in |
755 |
890 |
767 |
713 |
|
| Completed |
598 |
695 |
579 |
525 |
|
| In
process |
157 |
195 |
188 |
188 |
|
|
| At
the beginning of the reporting year, 188 complaints were
being processed. With the 1,067 new complaints received,
the Privacy Commissioner handled a total of 1,255 complaints
during the reporting period. Of these, 542 (43%) cases
were declined for further action after preliminary consideration
because 440 of them were found to have no prima facie
case to support allegations of breaches of the Ordinance,
and the remaining 102 cases were outside the jurisdiction
of the Privacy Commissioner. The remaining 713 (57%) cases
were either in the preliminary screening process or screened-in
for further consideration. Of these, 525 (74%) cases were
resolved during the reporting year while the balance of
188 (26%) were still being processed on 31 March 2007
(Figure 6). |
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Figure
7 - Outcome of Investigations
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Of the
525 cases completed during the reporting period:
- 142
(27%) cases were resolved through mediation;
- 70
(13%) cases were resolved after formal investigations;
- 135
(26%) cases were found to be unsubstantiated after preliminary
enquiries;
- 48
(9%) cases were withdrawn by complainants during preliminary
enquiries; and
- the
remaining 130 (25%) cases involved mostly complaints where
the complainants did not respond to the Privacy Commissioner's
inquiries or where the matter had been transferred or reported
to other authorities e.g. the Hong Kong Police Force.
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Figure
8 - Results of Formal Investigations
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Of the
70 formal investigations completed during the reporting period,
the Privacy Commissioner found contravention of the requirements
of the Ordinance in 64 (91%) cases. In four (6%) cases, either
no contravention was found or contravention was not established
due to insufficient evidence. The two remaining cases (3%)
were discontinued as the complainant decided not to pursue
the matter further.
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Figure
9 - Nature of Contravention
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Of the
64 cases where the requirements of the Ordinance were found
to have been contravened, 60 cases involved contravention
of one or more of the data protection principles. The remaining
four cases involved contravention of the requirements of the
main body of the Ordinance relating to compliance with data
access requests (Figure 9).
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Figure
10 - Actions Taken as a Result of Investigation
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In the
142 cases resolved through mediation, the Privacy Commissioner
provided advice and/or recommendations to 71 organizations
on their practices and procedures in order to assist them
in complying with the data protection principles and other
requirements of the Ordinance.
Of the
64 cases in which requirements of the Ordinance were found
to have been contravened, the Privacy Commissioner issued
enforcement notices on the parties complained against in 60
cases to prevent continuation or repetition of the contraventions.
In the remaining four cases, the parties complained against
had either taken measures to remedy the contraventions, or
given a written undertaking to implement them. As a result,
enforcement action through the issuance of an enforcement
notice was not necessary, and warning notices were issued.
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