PCPD Responds to a Statement issued by the Cathay Pacific Airways Ltd.
1. In response to a press statement issued by the
Cathay Pacific Airways Limited today (1 February) about an Enforcement
Notice which it has received from the Office of the Privacy
Commissioner for Personal Data, the Privacy Commissioner confirmed that
he has carried out an investigation in March 2006 against a company
(the data user) concerning its collection of medical data from its
employees.
2. Data Protection Principle 1 of the Personal Data
(Privacy) Ordinance (the Ordinance) stipulates that personal data shall
not be collected unless they are adequate but not excessive in relation
to the purpose of collection. In addition, the means by which the
personal data are collected have to be lawful as well as fair in the
circumstances of the case.
3. After investigation, the Privacy Commissioner
found that the data user had contravened the requirements of the
Ordinance, and therefore served an Enforcement Notice on the data user
on 18 January 2007 directing it to take steps to remedy the
contravention and/or matters occasioning it.
4. The Privacy Commissioner, in accordance with
established procedures, has advised the data user of its rights to
appeal to the Administrative Appeals Board.
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