PCPD - Better Privacy Protection for Employees at Work

Information Centre

Better Privacy Protection for Employees at Work

Date: 17 December 2004

Better Privacy Protection for Employees at Work

The Privacy Commissioner for Personal Data, Mr Raymond Tang, today issues the "Privacy Guidelines: Monitoring and Personal Data Privacy at Work" ("The Guidelines") with the objective of promoting the protection of personal data privacy of employees where employee monitoring is carried out at work resulting in the collection of personal data of employees.

These Guidelines are notified in the Gazette today (17 December).

"Upon consideration of the responses to the Consultation, we have decided to issue a set of guidelines that offer a reasonably comprehensive guide to employers and a better understanding to employees of the application of the provisions of the Personal Data (Privacy) Ordinance (the "Ordinance"), which also reflects the preference of the majority of the respondents," Mr Tang says.

"The Guidelines offer a practical approach to balance the legitimate business interests of employers and the personal data privacy rights of employees. There is no intention to pass moral judgment on whether employee monitoring should, or should not, be resorted to in the process of effectively managing the assets, resources and affairs of the employer. Our view is that the decision rests with the employer although it is one that may warrant consultation with employees," adds Mr Tang.

The Guidelines adopt a 3A's and 3C's approach in providing pragmatic steps that employers can take in assessing whether employee monitoring is appropriate for their business, and where it is deemed appropriate, how they can develop privacy compliance practices in the management of personal data obtained from employee monitoring.

The 3A approach advises employers on how to take step to Assess the appropriateness of employee monitoring; consider Alternatives to employee monitoring; and recognize their Accountability over employees' personal data privacy. The 3C's approach provides practical steps for employers to ensure Clarity in the promulgation of employee monitoring policies; Communicate the privacy policy to employees properly, and Control over the holding, processing and use of monitoring records.

"The Guidelines have established recommended standards of personal data management in the context of employee monitoring. I strongly recommend employers who undertake, or may undertake, employee monitoring activities to follow these Guidelines. They may either adopt the Guidelines as written or use them as a model that may be adapted to suit specific operational needs or circumstances," Mr Tang says.

An information leaflet entitled "Points to Note for Employers of Domestic Helpers" is issued separately to set out the practical points that employers should note with regard to video monitoring of activities of domestic helpers at home.

"I am confident that the Guidelines would be efficacious in protecting employees' personal data privacy and we shall continue to monitor the situation following release of the Guidelines," Mr Tang adds.

The Guidelines are accessible from the PCPD web site at http://www.pcpd.org.hk. Copies of the Guidelines are also available at the Office of the Privacy Commissioner for Personal Data at Unit 2401, 24th Floor, Office Tower, Convention Plaza, 1 Harbour Road, Wanchai, Hong Kong, or at Public Enquiry Centres of District Offices.

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