PCPD -

Date: 27 June 2011

Privacy Commissioner received complaints from three artistes about privacy intrusion

1.    The Office of the Privacy Commissioner for Personal Data (“PCPD”) received today complaints from three artistes that photos of their private life at home were taken surreptitiously and published in magazines.

2.    Under Data Protection Principle (“DPP) 1(2) of the Personal Data (Privacy) Ordinance (“the Ordinance”), personal data shall be collected by means which are lawful and fair in the circumstances of the case.

3.    The Privacy Commissioner for Personal Data (“the Commissioner”)    Mr. Allan Chiang said, “The complainants have been photographed naked or in their intimate moments, in their own living units. The photos were apparently taken from a far distance outside the premises, without their knowledge. Prima facie, such act might involve collection of personal data by unfair means, and amounts to contravention of DPP 1(2). The PCPD will commence investigation into the complaints under section 38 of the Ordinance.”

4.    “After completing an investigation and where a contravention is found, the Commissioner is empowered to serve an enforcement notice to the party who has contravened the requirements of the Ordinance directing it to take steps to remedy the contravention. Non-compliance with the enforcement notice constitutes a criminal offence. However, as the Ordinance does not empower the Commissioner to impose monetary penalty on data users for contraventions of DPPs or to award compensation to aggrieved data subjects, the complainants have been advised to consider also resorting to other means of addressing their grievances, such as taking civil action.”

5.    Mr. Chiang further commented, “The complaints highlight the broader issue of a balance between privacy and freedom of the press. This is a very sensitive and highly contentious issue, which must be handled prudently. In this regard, it is worth noting that the Sub-committee on Privacy of the Law Reform Commission of Hong Kong issued consultation papers on Stalking and the Regulation of Media Intrusion in 1998 and 1999 respectively, and published consultation reports in October 2000 and December 2004 respectively, proposing to legislate to protect people’s civil right of privacy. The Legislative Council also passed a motion on “introducing legislation to regulate clandestine photo-taking” on 19 October 2006. I hope that the Government will take the lead to publicly debate the issues so as to arrive at a community consensus as soon as possible, and that privacy rights will be better protected.

END