Whether a utility company could install a closed-circuit television ("CCTV") system in a lift for the disabled.

Q: We are a public utility. In order to improve the accessibility of one of our premises, we are required by the Government to construct a pedestrian subway across a street. Because of the entrance level difference, a lift for the disabled will also be provided as an ancillary facility for the subway. Upon completion, the subway will become part of our premises. For security reasons, we intend to install CCTV cameras at the subway. The question is whether we are allowed to do so under the Personal Data (Privacy) Ordinance ("the Ordinance").

A: According to case law, there is no collection of personal data by a party unless that party is thereby compiling information about an identified person or about a person whom it seeks or intends to identify. On this basis, if the recorded images would be used solely for security surveillance purpose rather than for compilation of information about any individuals, there is no collection of personal data on your part. Accordingly, the data protection principles of the Ordinance would not be engaged at all. However, in order to respect the privacy of individuals generally, we strongly advise you to place a conspicuous notice at the vicinity of the CCTV cameras informing the general public that surveillance recording systems are in use.