PCPD - The Privacy Commissioner for Personal Data gives an account on his work after taking the Office for one month

Date: 1 September 2005

The Privacy Commissioner for Personal Data, Mr. Roderick Woo, meets the media today (1 September) to give an account on his work after taking the office for one month.

“Being an independent regulatory body, the Office of the Privacy Commissioner for Personal Data (the “PCPD”) should adhere to the principle of fairness in its operation to ensure that all government departments and private sector organizations comply with the requirements of the Personal Data (Privacy) Ordinance. The PCPD is also committed to working towards the goal of safeguarding public interests in serving the community at large. As the Privacy Commissioner, I see myself obliged to keep the public informed of our work on a regular basis for the sake of enhancing transparency and accountability”, said Mr. Woo.

Currently, the work of the Privacy Commissioner covers six major aspects: promotion and training, issuance of codes of practice, complaint handling, investigation, policy formulation and administration.

“The ultimate goal of the Personal Data (Privacy) Ordinance is to protect personal data privacy. Our success relies on the public’s recognition and support, which is the only way to instill the notion of respecting others’ personal data privacy within the community. It is the fundamental of privacy protection to educate individuals of their personal rights on one hand, and to encourage them to fulfill their obligation in properly using other people’s personal data on the other hand. Taking punishable action would only be the last resort to deter the recurrence of privacy intrusion,” Mr. Woo says.

In order to instill the notion of respecting each other’s privacy, promotional work is of vital importance. Recently, the PCPD has carried out the following promotional activities:
1.    Poster Design Competition and Photo Competition. Workshops and seminars were organized to disseminate the message of privacy protection.
2.    A new online information feature – “Introduction to the Personal Data (Privacy) Ordinance” Online Seminar, which offers a flexible way of self-training to members of the public as well as organizations.
3.    An educational multi-media tool targeting the younger generation is in progress.

Taking the way forward, promotion efforts will be strengthened on management level of organizations not only to inform them the proper ways of processing personal data but also to encourage them to make privacy protection an integral part of their work plans.

Up to the present, the PCPD has produced three sets of code of practice. In the wake of social changes, review of the current codes of practice would be made at all times, revision to their provisions would be considered on a needed basis and issuance of new codes on other areas would also be made.

To implement the Personal Data (Privacy) Ordinance, a comprehensive policy should be in place. An ideal way is to encourage data users to undertake privacy impact assessment before implementing any project that may involve the use of personal data in order to plug the loopholes likely to contravene the requirements of the Personal Data (Privacy) Ordinance. In addition, as a world trade centre, Hong Kong should understand and be in line with the privacy paradigm recognized by other jurisdictions. For example, the Asia Pacific Economic Cooperation has recently endorsed a set of privacy protection principles by its member economies, in which the implementation will be further discussed at the next meeting in September.

The PCPD receives and handles complaints and enquiries from members of the public every day. In August, a total of 1,400 more enquiries and 108 complaints were handled. Recently, hot enquiry issues included human resources management, the use of identity card numbers and copies, the use of personal data in direct marketing activities etc. As for the complaints, those received this month were mainly on the use and collection of personal data and then personal data security.

The PCPD is always concerned with any social issues that have impact on personal data privacy and would conduct investigation or compliance check on the organization concerned where appropriate. Cases the PCPD handled lately included:
1.    It was reported in the press that a public organization, for the purpose of preventing theft, installed covert monitoring cameras in its office. The PCPD took the initiative to carry out an investigation and would release a report at appropriate time.
2.    The press reported that an assessment authority miscalculated the examination grade. The PCPD is of the view that it is of paramount importance to keep examination grade accurate and therefore has taken the initiative to take follow up action.
3.    The Privacy Commissioner is concerned with the legality of covert surveillance carried out by law enforcement agencies during the course of crime investigation. Mr. Woo stated, “I understand and accept the genuine need for law enforcement agencies to undertake covert surveillance when investigating crimes. However, in respect of the Personal Data (Privacy) Ordinance, they are also obliged to comply with Data Protection Principle 1(2) to ensure that personal data are collected by lawful and fair means. As such, I have met with the representatives of the Department of Justice, the Law Society of Hong Kong and the Hong Kong Bar Association so as to have a better perspective of this issue. Besides, I have also written to the Secretary for Justice to express my concern about the recently promulgated Law Enforcement (Covert Surveillance Procedures) Order.”
4.    The PCPD is also concerned with the disclosure of traffic accident subjects’ personal data by the Hong Kong Police Force (Traffic New Territories South). In order to have a better picture of the incident, we have written to the Police Force to enquire about their practice in using recycle paper so as to prevent recurrence.

In the administration front, with regard to the recent media reports about the PCPD’s expenditure, Mr. Roderick Woo is now conducting a comprehensive review on the administration and financial mechanism to better meet public’s expectations.

Mr. Woo said, “ To put our resources into more effective use, I am fully reviewing our financial arrangements such as hospitality, overseas duty visits, mileage earned from business trips, welfare fund, disposal of fixed assets etc. to improve the system so as to ensure that public funding is used properly.”

“To enhance our transparency as well as the dissemination of the message of personal data privacy, I am committed to making report progress of our work to the public on a regular basis,” concluded Mr. Roderick Woo.

END