PCPD - Privacy Commissioner responds to taxi industry's proposal of installing CCTVs in taxis

Date: 16 February 2009

Privacy Commissioner responds to taxi industry’s proposal of installing CCTVs in taxis

1.    The Privacy Commissioner for Personal Data (the Commissioner) Mr. Roderick B. Woo is much concerned about “taxi industry’s proposal of installing CCTVs in taxis”. The Commissioner worries that the proposal may give rise to unforeseeable privacy risk and other privacy issues.

2.    From the perspective of protecting people’s privacy, the Commissioner does not support the proposal of installing CCTVs in taxis.

3.    According to the Personal Data (Privacy) Ordinance (“the Ordinance”), “personal data” are any data relating to a living individual; being recorded in a form that can be processed or accessed; and from which the identity of the individual to be directly or indirectly ascertained. Generally speaking, to constitute an act of collection of personal data by the data user, there should be compilation of information about an identified individual, or an individual whose identity the data user intends or seeks to identify. The data collected have to be an item of the personal data of an identified individual. The data user regards the data collected as important information of the individual.

4.    In general, if a CCTV is installed in a public place merely for security purpose, it may not constitute collection of personal data (unless the data of a certain or some particular individuals are collected) and may not be governed by the Ordinance. However, collection of personal data may take place under some special circumstances. For example, after a particular incident has happened, the Authority concerned may need to review the video records for the purpose of ascertaining the identity of the individuals involved in the incident and it may then amount to collection of personal data. Therefore, organizations which intend to install CCTVs should, at least, post a notice in a prominent position near the installation, stating that the area is being monitored, the purposes of monitoring, as well as how the records will be handled.

5.    Broadly speaking, organizations can install CCTVs only if it is necessary for fulfilling their legitimate functions or activities, such as for security reasons or for monitoring illegal acts (e.g. throwing objects from height). Before an organization installs a CCTV, it is suggested that it should establish the collection purposes, evaluate the risks of monitoring, and consider any other less intrusive alternatives in striking a balance between the protection of privacy rights of individuals and the intended purpose of installing the CCTV by the organization.

6.    PCPD’s stance towards the use of CCTVs in public place is that a proper balance should be struck between the protection of public interests and personal data privacy. Data users should handle the issue in a fair and transparent manner giving due regards to the rights of personal data privacy.

7.    Though the Ordinance does not explicitly prohibit the installation of CCTVs in taxis, such act is very privacy intrusive. Even though the arrangement is for the prevention of crime, other less privacy intrusive alternatives should first be considered.

END